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Wis. Supreme Court upholds forcing medication

By ASSOCIATED PRESS   Friday, March 19, 2010 - 9:24 a.m.
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MADISON, Wis. (AP) — The Wisconsin Supreme Court says the state was justified in forcing a mentally ill patient to take his medication without his consent.

The high court says in a split 5-2 decision on Friday that John A. Wood's due process rights were not violated when a circuit court said he could be given psychotropic medicine against his will.

Wood was found not guilty by reason of mental disease or defect of beating his stepfather to death with a brick in 1978. He was placed in the Mendota Mental Health Institute where he lived off and on ever since.

Chief Justice Shirley Abrahamson and Justice Ann Walsh Bradley dissented, arguing that in order to force medication on a patient the patient must pose an immediate threat and Wood did not.




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gazettefan
Mar 20, 2010 at 4:58 p.m.
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billnewbie wins the Gazzie award for the best sarcastic, understatement of the week:

"It seems to me that beating your step father to death with a brick is strongly suggestive that Mr. Wood poses an immediate threat to anyone that may annoy him."

biggirl
Mar 20, 2010 at 3:35 p.m.
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The state is always right because it's the state (i.e. might makes right, or when the President says it, it is the law).

AndrewJackson
Mar 20, 2010 at 11:39 a.m.
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MooShoo, your comment is so far from intelligent it needs no response.

Professor
Mar 19, 2010 at 10:39 p.m.
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Wow. Our Supreme Court not only decides that a finding of 'dangerousness' isn't necessary, but goes on to conclude that even though there wasn't a formal hearing on the matter, the hospital's 'policies' were sufficient as far as constitutional due process is concerned. Talk about 'close enough for government work'! Funny. We used to condemn the former Soviet Union for drugging dissidents, and referring to them as having a 'mental condition.' Now, in Wisconsin anyway, the State can force antipsychotic drugs into someone, against their will, when the person does not even pose a danger, and can do it, apparently, as long as they are following a 'policy.' Another display of judicial acumen.

justme46
Mar 19, 2010 at 5:23 p.m.
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When I worked at Jackson House, you could not force meds on anyone. It was up to them even though they all had mental issues, most of them very severe. Even if your life was at stake, you had to call the nurse on duty to come and do it or try to do it.

MooShoo
Mar 19, 2010 at 12:33 p.m.
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I say take him off his meds, release him, give him a brick, and move him in next door to AndrewJackson.

prevention
Mar 19, 2010 at 11:50 a.m.
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I have worked in mental health for several years. Most people with mental illnesses realize they need to take their meds. The ones who think they don't need it tend to be the ones that really do need the meds and/or places like Mendota.

AndrewJackson
Mar 19, 2010 at 11:32 a.m.
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The state ALWAYS knows best!

janesvillean
Mar 19, 2010 at 10:44 a.m.
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billnewbie, Abrahamson's dissent points out that there was no hearing on his dangerousness resulting in a judicial finding. At such a hearing, the state would be responsible for presenting evidence that he is dangerous now. Such evidence needs to be significant, but is not as stringent as "recently killing someone". The issue is due process under the law.
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The majority opinion, however, goes on for several pages indicating their satisfaction that due process requirements were met short of a finding. It's very complex, but basically involves administrative steps that the DOC takes to ensure that mental commitment patients are safe before release.

dini79
Mar 19, 2010 at 10:21 a.m.
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All good questions, billnewbie, and had I been in the courtroom I might be able to answer them.

billnewbie
Mar 19, 2010 at 9:49 a.m.
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It seems to me that beating your step father to death with a brick is strongly suggestive that Mr. Wood poses an immediate threat to anyone that may annoy him. Justices Abrahamson and Bradley, just what kind of evidence do you need to find that Mr. Wood poses an immediate threat, another dead person? Does he have to kill someone on a regular basis to satisfy your requirements? How regularly would satisfy you that Mr. Wood needs his medication whether he wants it or not, I wonder, since once wasn't enough for you?

neonnate1002
Mar 19, 2010 at 9:36 a.m.
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Not against the law to force someone to take a pill they do not want wether needed or not. but its a crime to provide a pill to someone who willingly takes it? I'm just stirring the pot.

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