PTSD as a Criminal Defense

PTSD as a Criminal Defense Introduction Post-traumatic stress disorder (PTSD) is a mental health illness resulting from the aftermath of a traumatic experience in one's life. It was included in the psychiatric nomenclature in 1980 ((Pitman & Sparr 1998). Since PTSD was added in DSM-III, PTSD has been used as a ground for criminal defense, including unconsciousness, diminished capacity, insanity, self-defense, and mitigation of the sentencing.

Moreover, the United States appellant courts have recognized PTSD as a valid ground for unconsciousness, insanity, and self-defense (Berger, McNiel & Binder, 2012). The court, as a result, has recognized the testimony cringed to the PTSD as scientifically reliable. This paper will focus on how PTSD is used in criminal defense.

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PTSD AS A CRIMINAL DEFENSE

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PTSD as Criminal Defense Post-traumatic stress disorder symptoms such as flashbacks, mood lability, dissociation, and sleep disturbance have been essential factors in defense strategies. Umbrasas (2020) posited that a link between criminal behaviors and PTSD symptoms was recognized by the courts, thus providing defense against some crimes based on diminished responsibilities or even insanity. Nonetheless, the link between the criminal act and PTSD becomes challenging to establish because the reality contact is unaffected in PTSD patients and can recognize right from wrong (Umbrasas, 2020). Therefore the recognition of the link has not been unanimous in all courts s Besides, PTSD is sometimes utilized to reduce the severity of the criminal charges. PTSD acts as a mitigator where it is used to prove that the defendant was under extreme emotional disturbance when they committed the crime. The charges are often affected by manslaughter from murder, alters the defendant's punishment, and not their criminal responsibilities.

Also, PTSD is used as a ground for insanity pleas. Hinging the crime based on insanity, the defendant’s responsibility in a crime commission is removed. By so doing, the defendant is dismissed as lacking the substantial capacity to appreciate either the consequence or nature of his actions during the commission of a crime courtesy of mental defect or disease. Furthermore, to reinforce the defense based on mental incapacity via PTSD, strong evidence presented to the court is necessitated. Such evidence's primary source is mainly through the testimony from an expert bases on the professional and length of practice to refute the mens rea and prove insanity or emotional disturbance (Umbrasas, 2020). Ultimately, if on the insanity plea, the defendant is found not guilty, they are taken to a mental health facility.

Cases related to PTSD as a Criminal Defense In 2009, a juvenile was charged with attempted kidnapping as well as firing at the police in what was said to be a high-speed chase. The defendant was to have life imprisonment devoid of parole's possibility until he appealed in California Court of Appeal. On appeal, it was found that the evidence of PTSD had not been considered before convicting the defendant, which would have buffered the life sentence. During the diagnosis, Mr. Nanez’s was PTSD, which was linked to past traumas, which entailed being a victim of the shooting, childhood abuse by the father, and witnessing his brother's deadly shooting. While on the court, an expert who opinion court found compelling offered that the PTSD substantially contributed to his offenses. Consequently, Mr. Nunez's sentence was vacated and remanded for resentencing in the trial court (Berger, McNiel & Binder, 2012).

Conclusion Post-traumatic stress disorder is characterized by flashbacks, mood lability, dissociation, and sleep disturbance. It has gained popularity in the field of criminal justice since it was introduced in DSM-III. However, its success in utilization in the appellate court has not always been unanimous. It provides defense against some crimes based on diminished responsibilities, unconsciousness, insanity, selfdefense, or even mitigation of the sentencing like in Mr. Nunez's case. The expert must confirm the traumatic exposure through collateral data and PTSD symptomatology documentation before the criminal act.

References Berger, O., McNiel, D. E., & Binder, R. L. (2012). PTSD as a criminal defense: a review of case law. Journal of the American Academy of Psychiatry and the Law Online, 40(4), 509-521.

PTSD AS A CRIMINAL DEFENSE Umbrasas, K. V. (2020). An examination of PTSD and criminal responsibility among US service members. Military medicine, 185(1-2), 92-96.

Pitman, R. K., & Sparr, L. F. (1998). PTSD Research Quarterly.

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