PT - JOURNAL ARTICLE AU - Lee Hiromoto AU - Case Keltner AU - William Frizzell AU - Joseph Chien AU - Landy Sparr TI - PTSD and Trauma as Mitigating Factors in Sentencing in Capital Cases AID - 10.29158/JAAPL.210052-21 DP - 2021 Nov 17 TA - Journal of the American Academy of Psychiatry and the Law Online PG - JAAPL.210052-21 4099 - http://jaapl.org/content/early/2021/11/17/JAAPL.210052-21.short 4100 - http://jaapl.org/content/early/2021/11/17/JAAPL.210052-21.full AB - 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.