Should that defendant and the defense legal team be required to prove incompetence or should the prosecutor (the state) be required to prove that the defendant is competent? Why do you think so? .Medication is typically used to restore incompetent defendants to competency. The US Supreme Court, in Sell v United States (2003), ruled that forced medication is allowed to render a defendant competent to stand trial so long as the defendant clearly poses a danger to self or others. What are your thoughts about the government's ability to force medication on an individual?