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Decision to Forcibly Medicate Loughner in Judges' Hands (Case now before the 9th Circuit)
Wall Street Journal ^ | 7/7/11 | JOHN R. EMSHWILLER And TAMARA AUDI

Posted on 07/11/2011 8:10:06 PM PDT by BCrago66

PASADENA, Calif.—A three-judge federal panel pressed a U.S. Justice Department attorney Thursday to justify the government's decision to force psychotropic drugs on Jared Loughner, who is accused of shooting Rep. Gabrielle Giffords and 18 others in January in Tucson, Ariz.

The judges appeared skeptical of the government's argument that Mr. Loughner could be involuntarily medicated without clearance from a court.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: giffords
This story was posted on FR on July 5th, but I'm posting an update from a July 7th Wall Street Street Journal article because:

1) On July 7th, the matter went before a 3-judge panel of the 9th Circuit, including the Chief Judge of that Circuit, Kozinski.

2) Some of you might be interested in hearing the audio of that argument; I'll post the link in the post below.

1 posted on 07/11/2011 8:10:14 PM PDT by BCrago66
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To: BCrago66

Here’s the audio of the argument. You can download it or listen to on the webpage, if you’re browser has the right media plug-in:

http://www.ca9.uscourts.gov/media/view_subpage.php?pk_id=0000007760


2 posted on 07/11/2011 8:11:48 PM PDT by BCrago66
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To: BCrago66
A quicker solution would be to just give him back his guns and drop him off at the chief judge's house for a few days.

I think that would help clarify in the court's mind, if not that particular judge's, that Loughner is crazy and very dangerous.

Look, he's already assassinated one federal judge and these guys don't really seem to care ~ so maybe there's some count of dead judges that'd get their attention.

He needs to be ZONKED!

3 posted on 07/11/2011 8:14:30 PM PDT by muawiyah
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To: BCrago66

Really fascinating stuff.

We only had to ask for it once in the years I prosecuted. The individual was pretty much out of it (yeah, the technical term lol), violent and a danger to himself and others. One of the few people I’ve ever seen that was truly not responsible for their actions.


4 posted on 07/11/2011 8:14:36 PM PDT by RIghtwardHo
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To: muawiyah

Whether he’s crazy and dangerous is not at issue; he’ll stay locked up in the psych ward even if not forcibly medicated. The issue here implicates the prisoner’s Due Process right not to forcibly medicated, or if that right is to prevail against the State’s interest in a trail.


5 posted on 07/11/2011 8:20:52 PM PDT by BCrago66
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To: BCrago66

You know, one armed citizen could have saved a whole lot of lives and a whole lot of trouble that day.

Just shoot the bastard and be done with it. I honestly do not care about his mental state, nor do I care about his future health. Less than a buck, and the whole thing is done with.

And for those who think me heartless for this, contemplate the cruelty to take a person who likely doesn’t perceive our reality and bring him back to sanity, then lock him up and tell him that some day, he’s going to get killed for what he did.


6 posted on 07/11/2011 8:23:10 PM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: BCrago66

Yeah, his rights ~ guy’s not even human at the moment.


7 posted on 07/11/2011 8:23:21 PM PDT by muawiyah
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To: BCrago66

I worked in a Psychiatric facility in the late 1970’s. We didn’t pussy foot around with violent patients. They got medicated if it was necessary—often by liquid so they would be forced to swallow.


8 posted on 07/11/2011 8:24:20 PM PDT by tflabo ( to have been selected)
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To: BCrago66

Correction:

The government asserts that it wants to medicate the defendant in the interest of prison safety. The defendant’s counsel asserts that that’s a rationalization; that the government’s real purpose is to qualify the defendant for trail.


9 posted on 07/11/2011 8:27:23 PM PDT by BCrago66
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To: tflabo

I would give him a hot shot of heroin and be done with him.


10 posted on 07/11/2011 8:28:18 PM PDT by Venturer
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To: tflabo

Just listening to the argument now, in looks like Laughner is acting pretty violently; picking up chairs and throwing them around, etc.


11 posted on 07/11/2011 8:30:18 PM PDT by BCrago66
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To: BCrago66
1) On July 7th, the matter went before a 3-judge panel of the 9th Circuit, including the Chief Judge of that Circuit, Kozinski.

I don't know much about this particular issue but I'm fairly certain that whatever the 9th circuit rules, it will be wrong.

12 posted on 07/11/2011 8:32:23 PM PDT by Graybeard58
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To: BCrago66

In Golihar Texas, right outside the central square courthouse, lives the “old hanging tree”, a beautiful old live oak.

In the late 1800’s a person tried for such a thing as horse kidnapping, whatever, went to trial, and if deemed guilty, was marched out the side door of the court, and within fifteen minutes justice by hanging was carried out by the local townsmen.

Life was so much better and simpler back in the good old days


13 posted on 07/11/2011 8:46:16 PM PDT by Noob1999
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To: BCrago66

os there any new law being decided here?

I would think that forcing medication, or not,
should have been decided a long time ago.


14 posted on 07/11/2011 9:24:23 PM PDT by 50gunsalute
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To: kingu

There were people there with guns. they chose to tackle him instead of shooting him.


15 posted on 07/11/2011 9:29:45 PM PDT by mamelukesabre (Si Vis Pacem Para Bellum (If you want peace prepare for war))
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To: BCrago66

How about a decision to forcibly medicate 0bama.


16 posted on 07/11/2011 10:04:53 PM PDT by LyinLibs (All moslems are somewhere on the killing-you spectrum)
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To: kingu

You are exactly right.

Justice is best done on the spot.


17 posted on 07/11/2011 11:26:54 PM PDT by Retired Greyhound
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To: BCrago66

Hit the nail on the head. The Def wants to keep him “out of it” so he never comes to trial.

I have a son who is schizophrenic. Would not take meds period. The longer they are off of their meds, the more damage it does to their brains.


18 posted on 07/12/2011 5:00:53 AM PDT by waxer1 ("The Bible is the rock on which our republic rests." -Andrew Jackson)
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