RT Journal Article
SR Electronic
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
FD American Academy of Psychiatry and the Law
SP 22
OP 33
DO 10.29158/JAAPL.210052-21
VO 50
IS 1
A1 Lee Hiromoto
A1 Case Keltner
A1 William Frizzell
A1 Joseph Chien
A1 Landy Sparr
YR 2022
UL http://jaapl.org/content/50/1/22.abstract
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.