After United States v. White, Will the Fourth Circuit Ever Permit Forcible Medication to Restore Competency for Defendants Charged with Nonviolent Crimes?

BY James A. Coulter

Imagine you are imprisoned awaiting trial in North Carolina on several counts of identity theft, conspiracy, and credit card fraud. You are taken to several hearings before a judge, but none of it makes any sense. You have no idea how long you have been in prison or how long you will have to stay. The prison officials suddenly come into your cell and inform you that you are being transferred to a facility in Texas for competency restoration treatment. You have no idea what “competency restoration” means, but you follow the guards out to the bus. There is no point in resisting; one way or another, the guards always win those battles.

DOWNLOAD PDF | 90 N.C. L. Rev.551 (2012)