NCJ Number
239850
Journal
Aggression and Violent Behavior Volume: 17 Issue: 4 Dated: July/August 2012 Pages: 354-364
Date Published
August 2012
Length
11 pages
Annotation
This article traces the history of posttraumatic stress disorder (PTSD) as a legal defense.
Abstract
In a small number of felony murder cases, posttraumatic stress disorder (PTSD) has been used as an affirmative defense to plead not guilty by reason of insanity or to argue for diminished capacity as a mitigating factor at sentencing. This article traces the history of PTSD as a legal defense; describes the clinical criteria for diagnosing and assessing PTSD; outlines the legal criteria for the affirmative defense of not guilty by reason of insanity (NGRI) and mitigation on the grounds of diminished capacity; and discusses the applications and pitfalls of using PTSD as an exculpatory factor in crimes of violence, including murder. (Published Abstract)