mTBI, PTSD and Stress (Catch All)

[Schmedlap]

This comment applies only to the guilt phase of the trial...

By using the PTSD argument in this phase...

I was getting at the argument phase. I realize this specific case only applies to sentencing, but it seems like it could be a bellweather for the PTSD issue in general to be more prevalent in all phases of trials. I think prosecutors, fearing that juries will be sympathetic to PTSD, will be trying like hell to prevent the defense expert testimony from uttering any phrase that would clue the jury in to the fact that the defendant is a veteran and served in combat. I suspect they will argue that the mere mention of "PTSD" will make the jury overly sympathetic and argue instead that the expert can only refer to a mental condition brought about by a prior (unnamed) traumatic experience.

... you might have to say that the PTSD caused him to do the act (in effect, admitting the crime).

I'm a little rusty on my criminal law, but isn't this the GBMI defense? It may be the ideal plea.

A jury might well symphathize with a vet, but it is not likely to symphathize with an animalistic murderer, rapist or home invader.

I don't know. I'm thinking of the trial for the Haditha Marines. One of the jurors was quoted as saying that he didn't think he had the right to question their actions in combat. That, to me, suggests that jurors are willing to ignore or reject facts if they simply have an aversion to seeing a veteran punished, possibly because they view him/her as a victim. Unforunately, many, many people do view our veterans as victims.

Now, PTSD might work in a case that has some other redeeming factors, such as Anatomy of a Murder where temporary loss of mental capacity was allowed as a defense (with PTSD claimed as a basis for that). Or, in the Astan HT case, where premeditated murder ended up as a manslaughter plea - and the judge gave a light sentence.

Again, rusty on my criminal law, but isn't that the NGBI defense? That might be an ideal plea.