How should PTSD be taken into consideration during criminal sentencing?
The presence of PTSD should be considered by the court during sentencing. If a defendant is diagnosed with PTSD, this information should be introduced as a mitigating factor during the penalty phase of a capital case. In states with versions of the “three strikes” law and in federal cases, the presence of PTSD may be reason for the court to depart from mandatory sentencing guidelines. Various issues pertaining to an individual’s traumatic experience and subsequent adjustment are relevant when PTSD is introduced in sentencing proceedings: Was any type of treatment made available to the defendant either immediately after the event or in the months afterward? Crisis intervention among survivors of traumatic events is extremely important. At what age did the trauma occur and what are the ramifications for the defendant’s personality development? Although trauma at an early age can have a more pervasive effect on an individual’s functioning, it is easier to document pre- and posttrauma pers
