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 JAAPL.210052-21
DO 10.29158/JAAPL.210052-21
A1 Hiromoto, Lee
A1 Keltner, Case
A1 Frizzell, William
A1 Chien, Joseph
A1 Sparr, Landy
YR 2021
UL http://jaapl.org/content/early/2021/11/17/JAAPL.210052-21.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.