NCJ Number
141591
Journal
Criminal Justice Policy Review Volume: 5 Issue: 3 Dated: (September 1991) Pages: 225-240
Date Published
1991
Length
16 pages
Annotation
In 1990 in the case of Washington v. Harper, the U.S. Supreme Court had an opportunity to give prisoners the same right as other hospitalized individuals to refuse mental health treatment with psychotropic drugs, but instead chose to sanction the involuntary treatment of mentally ill prisoners.
Abstract
Walter Harper was convicted of robbery in the State of Washington and was committed to the Department of Corrections. He was housed primarily in the mental health unit where he voluntarily received psychiatric treatment. Paroled in 1980 with the stipulation that he continue to receive treatment, he returned to the community. Later, community psychiatric officials determined that Harper needed to be hospitalized and he was civilly committed to a psychiatric hospital. While undergoing treatment in the hospital, Harper assaulted two nurses and was then returned to the Department of Corrections. Although he initially took psychotropic drugs voluntarily, he later refused. Treatment officials invoked the facility's involuntary treatment policy. When Harper's case reached the Supreme Court, the central question was whether due process required a judicial hearing before Harper could be medicated involuntarily. The Supreme Court found that the involuntary medication policy did not violate Harper's due process rights. The author concludes, however, that medication should promote health and well-being and not be used as a chemical tool to keep a prisoner quiet. Further, decisions about involuntary medication should not be made solely by prison doctors. 24 references