PTSD is used as an excuse in criminal law by different states across the world. Especially, veterans that have dealt with consequences of war use PTSD as an excuse to support their cases.For instance, in the case State of New Jersey v Cocuzza, Mr. Cocuzza used PTSD as insanity defense and the court decided that the former Vietnam veteran was not guilty because of PTSD. The court finds it difficult to consummate the specific intent to kill someone in case of severe PTSD. Hence, the courts must consider various elements and aspects while considering the cases of individuals suffering from PTSD who present PTSD as an excuse.
Normally, veterans suffering from PTSD find it difficult to cope with the environment due to severe anxiety and panic attacks.Usually veterans of post 9/11 suffering from PTSD use the disease as a defense to excuse themselves. Also, PTSD had been used by many veterans that faced consequences of war, as a ground for criminal defenses including insanity, unconsciousness, diminished capacity and self-defense. Veterans who use PTSD as legal defense in cases have received a varied treatment in courts. Courts have decided in the favor of veterans with PTSD. There is an extensive network throughout the US that is reaching out to the veterans and other people that have PTSD. The United States courts have treated veterans with PTSD on lighter note since it is believed that PTSD forms the structure for insanity. In addition, it has been observed that many veterans in the United States use PTSD as a legal defense in criminal cases. Many veterans that come back from Iraq or Afghanistan suffer from PTSD and commit crimes where they use PTSD as a defense to justify their actions. Needless to say PTSD is misused by many veterans as a defense in criminal law.
In the United States, PTSD is considered as basis of insanity defense in jurisdictions, whereas an opposition and solid evidence is required by the UK courts. In England and Wales, the insanity test is considered on the basis of M’Naghten rule. In the United States, insanity defense is considered according to the policies and penal code considered by different states. For instance, some states in America consider the insanity defense based on American Law Institute Model Penal Code, whereas some states consider M’Naghten rule.
Heads used PTSD as an integral part of insanity defense while defending in the judicial court. Insanity defense and PTSD are used together while defending an individual in judicial system.Moreover, it is safe to consummate that a person with PTSD is reported to be insane and not found guilty. In criminal cases, veterans suffering from PTSD are claimed to be insane and PTSD is used as an integral part of insanity defense, d">
Ann Auberry highlighted the prevalence of PTSD among veterans in criminal proceedings. Veterans that face extreme measures during their stay in war-stuck countries have PTSD. The slight violation and other crimes shown by veterans are defended by using PTSD as an insanity defense, unconsciousness, diminished capacity, self defence and as a mitigating factor in sentence. For instance, Joshua Stepp slapped face of his 10-month-old baby and stuffed her throat with wet tissue paper which eventually resulted in baby’s death.Such actions are defended by the presence of PTSD since terrifying events of Afghanistan or Iraq must have left trails on them which forced veterans to take such extreme actions. Joshua believes due to his PTSD, he was unable to control his actions which caused the death of baby.Various other cases have been reported in the courts that involve the extreme violent behaviors exhibited by the veterans. During the war those who served the Vietnam armed forces and survived the traumatic Vietnam War were termed as Vietnam veterans. Vietnam veterans in 1980s were reported to have PTSD due to the exposure to traumatic events and criminal activities.In 2014, there were around 2.7 million veterans of Iraq and Afghanistan in the United States.Even after years, veterans are seen using PTSD as an excuse in defending their criminal cases in courts. Also, more than 17,000 have been diagnosed to have PTSD in many criminal cases.As a consequence of post 9/11, more veterans have been associated with PTSD.UK Trauma group handled traumatic events in the UK during 1980s which generated higher emotional reactions.Incidents such as Bradford football stadium fire, the sinking of the Herald of Free Enterprise ferry and the King’s Cross fire were the main reasons behind the PTSD in the UK during 1980s.
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PTSD is used as an excuse in criminal law by different states across the world. Especially, veterans that have dealt with consequences of war use PTSD as an excuse to support their cases.For instance, in the case State of New Jersey v Cocuzza, Mr. Cocuzza used PTSD as insanity defense and the court decided that the former Vietnam veteran was not guilty because of PTSD. The court finds it difficult to consummate the specific intent to kill someone in case of severe PTSD. Hence, the courts must consider various elements and aspects while considering the cases of individuals suffering from PTSD who present PTSD as an excuse.
Normally, veterans suffering from PTSD find it difficult to cope with the environment due to severe anxiety and panic attacks.Usually veterans of post 9/11 suffering from PTSD use the disease as a defense to excuse themselves. Also, PTSD had been used by many veterans that faced consequences of war, as a ground for criminal defenses including insanity, unconsciousness, diminished capacity and self-defense. Veterans who use PTSD as legal defense in cases have received a varied treatment in courts. Courts have decided in the favor of veterans with PTSD. There is an extensive network throughout the US that is reaching out to the veterans and other people that have PTSD. The United States courts have treated veterans with PTSD on lighter note since it is believed that PTSD forms the structure for insanity. In addition, it has been observed that many veterans in the United States use PTSD as a legal defense in criminal cases. Many veterans that come back from Iraq or Afghanistan suffer from PTSD and commit crimes where they use PTSD as a defense to justify their actions. Needless to say PTSD is misused by many veterans as a defense in criminal law.
In the United States, PTSD is considered as basis of insanity defense in jurisdictions, whereas an opposition and solid evidence is required by the UK courts. In England and Wales, the insanity test is considered on the basis of M’Naghten rule. In the United States, insanity defense is considered according to the policies and penal code considered by different states. For instance, some states in America consider the insanity defense based on American Law Institute Model Penal Code, whereas some states consider M’Naghten rule.
Heads used PTSD as an integral part of insanity defense while defending in the judicial court. Insanity defense and PTSD are used together while defending an individual in judicial system.Moreover, it is safe to consummate that a person with PTSD is reported to be insane and not found guilty. In criminal cases, veterans suffering from PTSD are claimed to be insane and PTSD is used as an integral part of insanity defense, d
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