The Massachusetts Supreme Judicial Court concluded that substantive due procedure requireds that judges figure out hospitalization is needed before involuntarily dedicating a criminal accused to a health center for a proficiency decision.
In a Jan. 25 viewpoint, the court held that it is unconstitutional for a court to hospitalize a pretrial accused for a medical examination and observation of proficiency under Massachusetts General Laws Chapter 123 Area 15( b) missing a finding by a judge, by clear and persuading proof, that hospitalization is the least limiting methods offered to figure out properly a criminal accused’s proficiency to stand trial.