NCJ Number
173501
Journal
Advocate Volume: 19 Issue: 2 Dated: March 1997 Pages: 5-13
Date Published
1997
Length
9 pages
Annotation
This article examines use of Post-Traumatic Stress Disorder (PTSD) in forensic settings, especially as a defense, and suggests ways to prevent abuse of this diagnosis by malingering.
Abstract
Since PTSD is caused by specific traumatic events, some of which are man-made, may result in loss or disability and may contribute to criminal behavior, it - probably more than any other disorder - has found its way into various forensic settings. Publication of diagnostic criteria and of the disease process have provided an explanation of the relationship between the stressor and the subsequent suffering or behavior, clarifying many legal cases that otherwise would have remained obscure. Though PTSD shares with other psychiatric diagnoses the disadvantage of lacking a truly objective diagnostic test, abuse by malingering can be limited with adequate care in the evaluation. PTSD is probably underused as a defense. However, because it is treatable, diversion to treatment in lieu of incarceration should offer a gratifying disposition in many cases. Defendants who plead "not guilty by reason of insanity" on the basis of PTSD are probated more often than other defendants, indicating that the courts have felt some comfort with dispositions that do not require incarceration. Figure, notes