Firstly, I want to start by thanking all of our service men and women for their dedication and commitment to defending us and our country.
Sadly, the soldier’s commitment to our Nation can have devastating and long term consequences on the operations of the mind. While many veterans returning to civilian life experience little, if any, of the debilitating effects of Post-Traumatic Stress Disorder from exposure to combat in the war including basic training. The same does not hold true for countless other soldiers returning home after the war.
Post-Traumatic Stress Disorder is currently being updated in the Diagnostic and Statistical Manual of Mental Disorders; however, the preceding link should offer some insights into the disorder albeit highly condensed.
Moving forward, Post-Traumatic Stress Disorder commonly referred to as “PTSD” can be a defense to a criminal charge in the Washington. Evidence of mental illness or disorder may be taken into consideration in determining whether the defendant had the capacity to form the requisite mental state at the time the alleged act occurred.
Diminished Capacity may be raised as a defense when either specific intent or knowledge is an element of the crime charged. If specific intent or knowledge is an element, evidence of diminished capacity can then be considered in determining whether the defendant had the capacity to form the requisite mental state. State v. Thomas, 123 Wn.App. 771, 779 (2004). Washington Pattern Jury Instructions, Vol. 11 page 286. If other requirements are met, evidence of post-traumatic stress disorder impairing a defendant’s ability to premeditate may support a diminished capacity instruction. State v. Jones, 64 Wn.App. 134 (1992), remanded on other grounds at 121 Wn.2d 220 (1993). Washington Pattern Jury Instructions, Vol. 11 page 287.
The are typically 2 (two) components to alleged criminal act: 1) the act itself (actus reus) & 2) the intent behind the act (mens rea). If other requirements are met, the court shall allow a criminal defense attorney to argue the act charged was not by result of some sort of pre-meditated design but rather an act from a person suffering from PTSD and therefore the defendant should not be held culpable for the alleged act he or she has been charged because of the absence of intent behind the offense.
With more men and women returning from service in Iraq and Afghanistan more cases of Post-Traumatic Stress Disorder are starting to surface in criminal cases. The defense attorney must be equipped to address this issue with his / her client immediately. And if necessary, start contacting counselors and experts on the subject to help assist in the case. Even, if there is a reluctance by the defendant to present “diminished capacity” as a defense at trial — evidence of PTSD can still be used as mitigation tool during negotiations with the Government for a better sentencing recommendation. The court will also likely find the information useful at time of sentencing.
For Scholarly Articles on the Subject of PTSD Please See:
