NCJ Number
87332
Journal
Trial Volume: 19 Issue: 1 Dated: (January 1983) Pages: 86-89,112-113
Date Published
1983
Length
6 pages
Annotation
Post-Traumatic Stress Disorder (PTSD), particularly when it has roots in the Vietnam war, can be used as the basis for an insanity defense or as a mitigating factor in presentence hearings.
Abstract
A diagnosis of PTSD focuses on the identification of a stressor (a psychologically traumatic event that is generally outside the range of usual human experience) followed by the development of characteristic symptoms: flashbacks; numbing of responsiveness to, or reduced involvement with, the external world; and a variety of autonomic, dysphoric, or cognitive symptoms. An individual who believes himself to be in combat can behave violently, as have many Vietnam veterans charged with various crimes. Some defense attorneys have convinced prosecutors to either drop or reduce charges in PTSD cases. Depending upon the facts and the medical evidence in a particular case, PTSD cases can conform to the requirements of classic defenses relating to mental status. It is important that the defense present objective evidence to explain the origin and development of PTSD in terms a jury can understand. This means providing evidence of the stressor and a description of the defendant's experiences after the trauma. Evidence of PTSD is also useful at sentencing if a structured treatment program can be presented to the judge as an alternative to incarceration. Counsel will have to convince the judge that the defendant has PTSD, that it was related to the crime, that there is a prescription for treating the disorder, that until it is treated the defendant will not be dangerous, and that there is a facility able and willing to treat the offender. Thirteen references are listed.