Post traumatic stress disorder (PTSD) is a serious disease, a mental health condition caused by awful events or terrifying situations. People with PTSD often experience emotional disbalance, fear, severe anxiety, nightmares, and suicidal thoughts, etc., which often lead to unpredictable behaviors, violence, abuse, crimes, and so on. When it comes to PTSD as a defense to criminal liability, in today’s society it is still unclear the role of mental health and its impact on legal proceeding. Some cases show that the defendant with mental incapability, emotional disorder, or insanity because of PTSD should not be responsible before the law, while others explain that PTSD does not eliminate criminal responsibility. Of course, when the court deals with a defendant who previously experienced PTSD, before judging and make some assumptions about the case, it is crucially important to evaluate the situation as a whole and determine the impact of severe anxiety on the crime case committed by the defendant. Criminal defence attorneys explain that “if a defendant, at the time of the commission of the crime, is acting under extreme emotional disturbance, the charge can be effectively reduced from murder to manslaughter” (Page, 2017). In other words, PTSD can be used as a tool or an attempt to lower the severity of the charges. In some cases, because of PTSD and its impact on the defendant, it is possible to delay the proceedings while the person becomes competent and able to analyze the case occurred. Analyzing PTSD as a defence to criminal liability, it is essential to conclude that in most cases it doesn’t reduce or eliminate criminal responsibility but it does change the type/severity of the punishment the defendant is likely to receive. Additionally, it is important to provide strong evidence to the court to prove the individual’s mental incapability, emotional disorder, or insanity because of PTSD.
References:
Page, J. (2017). Can PTSD be used as a criminal defense? Retrieved from https://cnycentral.com/news/local/can-ptsd-be-used-as-a-criminal-defense
The terms offer and acceptance. (2016, May 17). Retrieved from
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"The terms offer and acceptance." freeessays.club, 17 May 2016
"The terms offer and acceptance." freeessays.club, 17 May 2016
"The terms offer and acceptance." freeessays.club, 17 May 2016
"The terms offer and acceptance." freeessays.club, 17 May 2016