PTSD as a criminal defense: a review of case law.

@article{Berger2012PTSDAA,
  title={PTSD as a criminal defense: a review of case law.},
  author={Omri Berger and Dale E. McNiel and Ren{\`e}e L. Binder},
  journal={The journal of the American Academy of Psychiatry and the Law},
  year={2012},
  volume={40 4},
  pages={509-21}
}
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… CONTINUE READING
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References

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Showing 1-10 of 24 references

American Jurisprudence (ed 2)

GF Gabel
New York: West Group, • 2010

Last stand ? — the criminal responsibility of war veterans returning from Iraq and Afghanistan with posttraumatic stress disorder

TL Hafemeister, NA Stockey
Ind L J • 2010

Stockey NA: Last stand?—the criminal responsibility of war veterans returning from Iraq and Afghanistan with posttraumatic stress disorder

TL Hafemeister
Ind L J 85:87–141, • 2010

Alameida, 120 Fed. Appx

Aguirre v
Cir. Cal • 2005

The warrior returns: struggling to address criminal behavior by veterans with PTSD

C Aprilakis
Geo J L Pub Policy 3:541–66, • 2005

Gatekeeping stress: the science and admissibility of post-traumatic stress disorder

E Garcia-Rill
U Ark Little Rock L Rev 24:9–40, • 2001

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