San Francisco Skyline
BILL OF RIGHTS-- First Amendment - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.-- Second Amendment -A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed-- Third Amendment - No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law-- Fourth Amendment - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.-- Fifth Amendment - No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.--Sixth Amendment - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.-- Seventh Amendment - In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re examined in any court of the United States, than according to the rules of the common law-- Eighth Amendment - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted-- Ninth Amendment - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people--Tenth Amendment - The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people--.
Taking the Fifth-A Criminal Law Blog
RSS icon Email icon Bullet (black)

  • NINTH CIRCUIT GRANTS LOUGHNER A PRELIMINARY INJUNCTION FORBIDDING FORCED MEDICATION

    Posted on July 18th, 2011 zshapiro No comments

    Jared Lee Loughner is charged with the attempted murder of Congress member Gabrielle Giffords. Six people were killed and 13 were injured during a political rally in Tucson, Arizona on January 8, 2011.

    A district court judge found him incompetent to stand trial. This does not mean that he is insane or not guilty by reason of insanity. Rather it means that he cannot help his lawyer or that he does not understand the legal process sufficiently to make decisions regarding his defense.

    After the district court’s decision the Bureau of Prisons housed him at the Medical Center for Federal Prisoners in Springfield, Missouri. The purpose of sending him to the Medical Center was to make him competent to stand trial. Doctors at the Medical Center ordered that he be given psychotropic drugs. He refused to take them and the Medical Center attempted to force them on him. His lawyers moved for a preliminary injunction enjoining the Medical Center from involuntarily medicating him. The District Court refused to grant the injunction. He appealed to the Ninth Circuit Court of Appeals.

    In order to obtain a preliminary injunction one must show that he/she is likely to succeed on the merits, that the failure to grant the preliminary examination could result in irreparable harm and that the balance of the equities support the granting of the preliminary injunction. Since Loughner has not been convicted he is presumed innocent and has greater civil rights than one who has been convicted. Forced medication may cause significant and irreversible side affects including death. While the government has strong reasons for wanting to return Loughner to competency the equities favor Loughner. The length of the injunction will be short and he has a strong interest in controlling what drugs are injected into his body. As a result the Ninth Circuit reversed the district court and granted the temporary injunction. It set the case for an expedited hearing on August 29 to determine the issue of forced medication on the merits.

    Competency to stand Trial, Murder , , , , Leave a Reply

    Leave a Reply

 

July 2011
M T W T F S S
« Jun   Aug »
 123
45678910
11121314151617
18192021222324
25262728293031

Categories

lawyer blogs
Designed by My Mobiles