@article {Hiromoto22, author = {Lee Hiromoto and Case Keltner and William Frizzell and Joseph Chien and Landy Sparr}, title = {PTSD and Trauma as Mitigating Factors in Sentencing in Capital Cases}, volume = {50}, number = {1}, pages = {22--33}, year = {2022}, doi = {10.29158/JAAPL.210052-21}, publisher = {Journal of the American Academy of Psychiatry and the Law Online}, abstract = {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.}, issn = {1093-6793}, URL = {https://jaapl.org/content/50/1/22}, eprint = {https://jaapl.org/content/50/1/22.full.pdf}, journal = {Journal of the American Academy of Psychiatry and the Law Online} }