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PTSD as a criminal defense: a review of case law.
J Am Acad Psychiatry Law. 2012; 40(4):509-21.JA

Abstract

Posttraumatic stress disorder (PTSD) has been offered as a basis for criminal defenses, including insanity, unconsciousness, self-defense, diminished capacity, and sentencing mitigation. Examination of case law (e.g., appellate decisions) involving PTSD reveals that when offered as a criminal defense, PTSD has received mixed treatment in the judicial system. Courts have often recognized testimony about PTSD as scientifically reliable. In addition, PTSD has been recognized by appellate courts in U.S. jurisdictions as a valid basis for insanity, unconsciousness, and self-defense. However, the courts have not always found the presentation of PTSD testimony to be relevant, admissible, or compelling in such cases, particularly when expert testimony failed to show how PTSD met the standard for the given defense. In cases that did not meet the standard for one of the complete defenses, PTSD has been presented as a partial defense or mitigating circumstance, again with mixed success.

Authors+Show Affiliations

401 Parnassus Ave., Box 0984-PLP, San Francisco, CA 94143-0984, USA. omri.berger@ucsf.eduNo affiliation info availableNo affiliation info available

Pub Type(s)

Journal Article
Review

Language

eng

PubMed ID

23233473

Citation

Berger, Omri, et al. "PTSD as a Criminal Defense: a Review of Case Law." The Journal of the American Academy of Psychiatry and the Law, vol. 40, no. 4, 2012, pp. 509-21.
Berger O, McNiel DE, Binder RL. PTSD as a criminal defense: a review of case law. J Am Acad Psychiatry Law. 2012;40(4):509-21.
Berger, O., McNiel, D. E., & Binder, R. L. (2012). PTSD as a criminal defense: a review of case law. The Journal of the American Academy of Psychiatry and the Law, 40(4), 509-21.
Berger O, McNiel DE, Binder RL. PTSD as a Criminal Defense: a Review of Case Law. J Am Acad Psychiatry Law. 2012;40(4):509-21. PubMed PMID: 23233473.
* Article titles in AMA citation format should be in sentence-case
TY - JOUR T1 - PTSD as a criminal defense: a review of case law. AU - Berger,Omri, AU - McNiel,Dale E, AU - Binder,Renée L, PY - 2012/12/13/entrez PY - 2012/12/13/pubmed PY - 2013/6/5/medline SP - 509 EP - 21 JF - The journal of the American Academy of Psychiatry and the Law JO - J. Am. Acad. Psychiatry Law VL - 40 IS - 4 N2 - Posttraumatic stress disorder (PTSD) has been offered as a basis for criminal defenses, including insanity, unconsciousness, self-defense, diminished capacity, and sentencing mitigation. Examination of case law (e.g., appellate decisions) involving PTSD reveals that when offered as a criminal defense, PTSD has received mixed treatment in the judicial system. Courts have often recognized testimony about PTSD as scientifically reliable. In addition, PTSD has been recognized by appellate courts in U.S. jurisdictions as a valid basis for insanity, unconsciousness, and self-defense. However, the courts have not always found the presentation of PTSD testimony to be relevant, admissible, or compelling in such cases, particularly when expert testimony failed to show how PTSD met the standard for the given defense. In cases that did not meet the standard for one of the complete defenses, PTSD has been presented as a partial defense or mitigating circumstance, again with mixed success. SN - 1943-3662 UR - https://www.unboundmedicine.com/medline/citation/23233473/PTSD_as_a_criminal_defense:_a_review_of_case_law_ L2 - http://www.jaapl.org/cgi/pmidlookup?view=long&pmid=23233473 DB - PRIME DP - Unbound Medicine ER -