PTSD and Trauma as Mitigating Factors in Sentencing in Capital Cases

Journal of the American Academy of Psychiatry and the Law

article

Lee Hiromoto¹  Case Keltner²  William Frizzell³  Joseph Chien¹  Landy Sparr¹ 

[1] Department of Psychiatry, OR Health & Science University;School of Medicine, OR Health & Science University;Boise VA Medical Center

关键词: death penalty;    mitigation;    posttraumatic stress disorder;    trauma;    stress;   

DOI  :  10.29158/JAAPL.210052-21

学科分类：儿科学

来源: American Academy of Psychiatry The Law

【 摘 要 】

Posttraumatic stress disorder (PTSD) is commonly used as a mitigating sentencing factor, although how successfully it is used varies. In cases involving the death penalty, use of a PTSD diagnosis as a sentencing mitigating factor has been considered in the postconviction appeals process. This article analyzes a decade of American federal appellate case law regarding postconviction claims of ineffective assistance of counsel by capital defendants in regard to investigating and litigating trauma and PTSD. We found a high tolerance by the courts for deficient investigating, ruling against the petitioner in 20 of 23 (87%) of identified cases. The article discusses how these situations might be avoided and explores the critical role of forensic psychiatrists and mitigation specialists in investigating and presenting trauma to the court.

【 授权许可】

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