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  - 2022 Mar 01
TA  - Journal of the American Academy of Psychiatry and the Law Online
PG  - 22--33
VI  - 50
IP  - 1
4099  - http://jaapl.org/content/50/1/22.short
4100  - http://jaapl.org/content/50/1/22.full
SO  - J Am Acad Psychiatry Law2022 Mar 01; 50
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.