Gregory Alan McKown v. United States
SocialSecurity DueProcess FifthAmendment JusticiabilityDoctri
Does mandatory, involuntary commitment of an incompetent defendant to the Bureau of Prisons for the sole purpose of evaluating whether he can attain competency violate substantive Due Process absent some individual showing that this 'massive curtailment of liberty' will materially assist in the evaluation?
QUESTIONS PRESENTED I. Does mandatory, involuntary commitment of an incompetent defendant to the Bureau of Prisons for the sole purpose of evaluating whether he can attain competency violate substantive Due Process absent some individual showing that this “massive curtailment of liberty”! will materially assist in the evaluation? IL. Do the Mathews v. Eldridge procedural due process factors require basic procedures (e.g., notice and a hearing addressing the individual circumstances) before the government determines that involuntary pretrial commitment is necessary to evaluate or restore an incompetent defendant? ' See Vitek v. Jones, 445 U.S. 480, 491-492 (1980). ;