Still, isnt it really important that the government bring accused people to trial?
Very important. But whats even more important is that the trials that the government conducts be fair. The incompetence rule helps to keep trials fair. A major concern in this case is that the government is claiming to medicate Dr. Sell in his best medical interest while, as his adversary at the criminal trial, also acting against Dr. Sells best legal interest. Thus there is a clear conflict of interest in permitting the government to forcibly drug Dr. Sell in order to give him a fair trial. 9. If the court rules in favor of Dr. Sell, wont it just encourage criminal defendants to pretend to be mentally ill or cause those who are mentally ill to refuse their medication in order to avoid going to jail? Its not easy or common for defendants to fake mental illness. In this case, the governments own doctors have determined Dr. Sell is not competent to stand trial. Incompetence is not a get out of jail free card. The alternative to trial in cases like these is not freedom. Instead the law pr
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