TY - JOUR T1 - PTSD and Trauma as Mitigating Factors in Sentencing in Capital Cases JF - Journal of the American Academy of Psychiatry and the Law Online JO - J Am Acad Psychiatry Law DO - 10.29158/JAAPL.210052-21 SP - JAAPL.210052-21 AU - Lee Hiromoto AU - Case Keltner AU - William Frizzell AU - Joseph Chien AU - Landy Sparr Y1 - 2021/11/17 UR - http://jaapl.org/content/early/2021/11/17/JAAPL.210052-21.abstract N2 - 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. ER -