LAW REVIEWS: Should Mentally Incompetent Death Row Inmates be Forcibly Medicated?

A recent article by Professors Brian D. Shannon (pictured) of Texas Tech and Victor R. Scarano of the University of Houston examines the ethical implications of forcibly medicating mentally incompetent death-row inmates in order to prepare them for execution.  According to the authors, this issue, particulary in Texas, pits "the ethical duties of the medical and legal professions in opposition and casts a shadow over the legitimate and appropriate intentions and professional responsibilities of physicians and lawyers." While the U.S. Supreme Court has ruled that mentally incompetent prisoners cannot be executed, only lower courts have ruled on the question of forcing death row inmates to take medication with the purpose of rendering them competent for execution. The article concludes with a legislative recommendation that would solve the ethical dilemma of forcible medication: "[U]pon a determination by the trial court that the defendant is incompetent to be executed (and following any appeal), the court should vacate the death sentence and substitute a life sentence without the possibility of parole," thus allowing psychiatrists to "proceed to treat the symptoms of the inmate’s serious mental illness, without the ethical concern that such treatment could lead to the inmate’s execution."

(B. Shannon and V. Scarano, "Incompetency to Be Executed: Continuing Ethical Challenges & Time for a Change in Texas," 45 Texas Tech Law Review ___ (2013)).  See Mental Illness and Death Row.  Listen to DPIC's podcast on Mental Illness.