Posted on 03/11/2002 7:41:50 PM PST by Beata
http://www.aapsonline.org/
1601 N. Tucson Blvd. Suite 9
Tucson, AZ 85716-3450
Phone: (800) 635-1196
Hotline: (800) 419-4777
Association of American Physicians and Surgeons, Inc.
A Voice for Private Physicians Since 1943
Omnia pro aegroto
UNLIMITED FORCED DRUGGING OK’D BY COURT
AAPS Calls Ruling "Shocking & Inhumane"
03/08/2002
WASHINGTON -- Defendants can be forcibly drugged even though they haven’t been convicted of any charges and pose no danger to themselves or others.
That’s the ruling issued yesterday by the Federal Court of Appeals for the Eighth Circuit in the case of United States v. Charles Thomas Sell. (see www.ca8.uscourts.gov/opndir/02/03/011862P.pdf) The 2 - 1 split decision establishes government power to forcibly medicate a person with mind altering drugs even before trial.
"It’s a shocking, inhumane decision. Now, all the government needs are allegations and a cooperative psychiatrist to forcibly drug any citizen," said Andrew Schlafly, General Counsel for the Association of American Physicians and Surgeons (AAPS). That group filed an amicus brief opposing the government drugging.
"It’s unprecedented to allow prosecutors to drug peaceful defendants presumed to be innocent. Government cannot force citizens to pledge allegiance to the flag, but now can forcibly medicate them with mind-altering drugs," said Mr. Schlafly.
Dr. Sell, a St. Louis dentist, has been imprisoned for more than 4 years, including one- and-one-half years in solitary confinementafter being charged with Medicaid fraud. He has never been brought to trial.
While acknowledging that "the evidence does not support a finding that Sell posed a danger to himself or others" the majority opinion still found that "charges of fraud" alone are "serious" enough to justify forced medication. Further, the Court held that there are no limits on the quantity or type of drugs.
"There’s no good reason why Dr. Sell has been held so long without trial, and this decision will most likely prolong his imprisonment with no end in sight," said Mr. Schlafly. The dissenting judge pointed out that even if Dr. Sell were to be found guilty, his sentence would be no more than 41 months -- one year less than he’s already served.
A similar case is pending before the same court to allow the State to forcibly medicate a convicted murderer for execution.
"It’s appalling that the court will drug a man presumed to be innocent, even if it’s illegal to do the same thing to a convicted killer." Mr. Schlafly said that AAPS will seek to overturn the ruling.
-------------------------------------
AAPS is a non-partisan, dues-supported professional association of physicians in all practices and specialties, dedicated since 1943 to protecting the sanctity of the patient-physician relationship from third-party interference.
Other Links
AAPS Amicus Brief in US vs. Sell
Doctors' Study: Medicare "Fraud" Crackdown Hurts Patients - 02/04/2000
Other Physician Prosecutions
As a result, they are wandering the street (a large percentage of the homeless). Some are not dangerous to themselves or others, others are dangerous to themselves but not others, and many are dangerous to others.
I am not advocating forced medication by the government on anyone. But at the same time, I am the first one to complain. "Well what do you expect? They diagnose, treat, release with instructions, but no followup" when I hear of a crime treated by a "former mental patient" who went off his meds.
No easy answers to the age old debate "rights of the individual vs. the safety of others" I am a strong believer in individual rights, but wrestle with many contradictions.
And what about the War on (Some) Drugs? I guess these drugs are "legal"?
You are SO sadly misinformed, and you do a great disservice to those who genuinely
need these medications to conduct normal lives. Please don't spew this kind of misinformation.
The possibilities are just so groovy for the "adults in charge" now.
Nothing ridiculous or misinformed about it. I personally know several people who have been turned into walking zombies by these psychiatric psychotropic garbage drugs. Never heard of a one who was helped by them. I know people, family members included, who haven't noticably been harmed by them but none have been helped. Two are still as depressed as they were, or moreso, than they were twenty years ago when the shrinks and counselors got ahold of them.
If I can pass my SAT's on LSD with a score good enough to get into the state's leading University after skipping more than half my senior years classes and a friends wife on psychiatric care, a once intelligent forceful woman, can't take down a telephone number correctly after having it repeated slowly five times I think I know which drugs I'd take if I was forced to choose one or the other.
While we're at it why don't you tell me why psychotropic Rx's for children increased by 800% during the '90's. Are that many more children becoming mentally ill? Why? And let's take a look to see what correlation there is to 'school violence' and crimes by minors. It is a statistical fact that kids who have been on Ritalin are twice as likely to become drug addicts by the time they are eighteen years old. But they don't act up in class. The increase in scrips for kids includes Zoloft, Prozac and Welbutrin along with other mind altering drugs. Makes for nice pliable non-reactive kids. Until they come of age and the doctors cut off the scrips.
What ridiculous things are you talking about?
I never mentioned giving these drugs to kids; I am completely opposed to that. Your know-it-all attitude is bigger than your soap box, and your facts are all in your mind. It's just like the feminazis saying they're speaking for the women of America; they're not speaking for ME or any other women I know. Keep your generalizations to yourself. You know nothing about this topic; keep your libertarian "legalize-drugs" politics out of my chance to lead a normal life. YOU are the one that is dangerous, not my drug.
I didn't claim that.
Just because YOU claim to know a few people who aren't helped by seratonin drugs, then ALL people are not helped by them. Pretty general there, pal. "One size fits all."
I didn't say all people aren't helped by them. That's two distortions of what I've said. I said these prescription psychotropics are garbage and dangerous. I stand by that. In comparison to LSD their physical and mental side effects are greater and more common. And they are prescribed in an extremely haphazard manner without adequate followup in a huge number of cases.
I never mentioned giving these drugs to kids; I am completely opposed to that. Your know-it-all attitude is bigger than your soap box, and your facts are all in your mind. It's just like the feminazis saying they're speaking for the women of America; they're not speaking for ME or any other women I know. Keep your generalizations to yourself.
BITE ME!
You know nothing about this topic;
I know lots about this topic. My father was a physician and I learned to read at age six by reading medical journals out loud to him and getting correction. I can read a PDR and know how to read between the lines. And there's a lot between the lines in most pharmaceutical drug descriptions. If aspirin had been developed in the 50's it would be a prescription drug and it's definitly wimpy compared to this psychiatric crapola.
keep your libertarian "legalize-drugs" politics out of my chance to lead a normal life. YOU are the one that is dangerous, not my drug.
I didn't say anything about legalizing drugs or libertarianism. That's three mischaracterisations of what I've said in one post. Is dishonesty indemic with you? Are you a Democrat? Or are you just stupid? As for your chances to lead a normal life I'd say they are pretty slim judging by what you've said so far.
THIS is what you said. You aren't really saying that people who take even ONE single Zoloft or Welbutrin forget their names or how to do simple things like use the remote.
THAT is ignorant and ridiculous.
No I did not and am not saying that. I was using hyperbole to make a point. I said I wouldn't take a single dose of those pharmaceutical psychotropics and I wouldn't. Taking one dose implies that I would be starting a regimen of them. Having seen their effects on several people and having heard the same thing from numerous people who have come to me for health care advice and having taking my fathers opinion of the psychiatric field to heart I'd rather spend the rest of my life depressed than submit to that chemo-lobotomy.
Medicine isn't what it used to be. I know of one doc who was handing out Prozac to help his patients quit smoking. It worked. They didn't care about smoking anymore. Unfortunately they didn't care about anything else either. Work, shopping, watching their kids. I heard this story from one of his 'patients'. He said his wife put an end to it when he responded to her desire to make love with "I don't care.". If the nature of the drugs effect is so predictable that a doctor can assure his patients that they will stop smoking because they won't care one way or the other about smoking, and apparently anything else, then that indicates it is not an effect isolated to specific individuals.
Why do people need a drug for every emotion to get through life now? This wasn't the case for centuries prior. I recently heard a radio ad looking for participants in a drug trial at the University of Colorado School of Medicine in Denver. They were looking for people who "felt uncomfortable in social situations". Psychopharmaceuticals to the rescue! Now you too can feel like the prom queen. You don't need to develop social skills or a positive self image just pop a pill.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.