Abstract

In July 2008, the Pennsylvania Supreme Court ruled that the Commonwealth may forcibly medicate a death row inmate for the purpose of rendering him competent to complete his collateral appeals. This decision implicates the prisoners' liberty interest in refusing medical treatment and raises concerns regarding the unconstitutionality of executing the insane. The Pennsylvania Supreme Court's decision, which appears to be the first decision of its kind in the United States, has the potential to greatly impact the post-conviction rights of scores of death row inmates who have become mentally incompetent since trial. The decision raises questions regarding the sufficiency of the state interest in forcible medication, whether forcible medication is in the inmate's true medical interest, and whether there are less intrusive means of achieving a legitimate governmental interest.