A systematic review of case law was conducted using the LexisNexis legal database. Federal and state appeal cases up to 2010 were searched using the search terms PTSD, post-traumatic stress disorder, post-traumatic stress disorder, or post-traumatic stress disorder that appear in the Summary, Program, or Case Overview sections, as well as the terms criminal, insanity, diminished capacity, mens rea, self-defense, attenuation or loss of consciousness that appears in the same sections. Research was limited to these criteria, so cases were selected in which PTSD played an important role. Today, even mental illness and addiction issues can be defined within a legal framework as a result of PTSD. In addition, the Americans with Disabilities Act (ADA) now covers situations where employers do not adequately accommodate workers with PTSD. Table 1 lists the published cases we identified, including the two trauma-related disorders that preceded PTSD. The table lists the jurisdiction, the legal issue and the outcome of each appeal procedure. Table 2 lists the three unpublished cases we identified, as well as the jurisdiction, point of law and judgment in each case. The Equal Employment Opportunity Commission (EEOC) can help you decide what to do next and investigate if you decide to file a discrimination complaint. Since you must file a lawsuit within 180 days of the alleged violation to pursue further legal action (or 300 days if the employer is also covered by a state or local discrimination law), it`s best to start the process early. It is illegal for your employer to retaliate against you for contacting the EEOC or filing a complaint.

For more information, visit www.eeoc.gov, call 800-669-4000 (voice) or 800-669-6820 (TTY), or visit your local EEOC office (see www.eeoc.gov/field for contact information). A search for relevant law review articles was conducted on LexisNexis with the criterion that the term PTSD or a variation thereof appeared more than 10 times in the article. PubMed was searched using the terms PTSD, insanity and criminal behavior. Identified Law Review and PubMed articles were searched for cited legal cases. There is another aspect of PTSD that is not often discussed in the mainstream media. These are its massive implications for the legal profession, for those accused of crimes, and for a host of other issues related to law and legal liability. However, to understand the intersection of the law and PTSD, it is important to first look at the basic facts about the condition. If you suffer from depression, post-traumatic stress disorder (PTSD) or any other mental illness, your condition protects you from discrimination and harassment in the workplace, you have the right to privacy in the workplace, and you may be entitled to reasonable accommodations that can help you manage and maintain your job.

The following questions and answers briefly explain these rights under the Americans with Disabilities Act (ADA). You may also have additional rights under other laws not discussed here, such as the Family and Medical Leave Act (FMLA) and various health insurance laws. Ask for one. Tell a supervisor, human resources manager or other appropriate person that you need a change at work due to illness. You can always request accommodation. Because an employer doesn`t have to excuse poor job performance, even if it`s caused by a medical condition or medication side effects, it`s usually best to find an appropriate solution before problems arise or escalate. (However, many people choose to wait until they receive a job offer before seeking accommodation, as it is very difficult to prove unlawful discrimination that occurs before a job offer.) You don`t need to have a specific accommodation in mind, but you can ask for something specific. In this article, we review U.S.

criminal law, which includes PTSD as a criminal defense. Case law is based on published legal decisions, which are usually at the appellate level. The importance of these cases is that they set precedents that courts can follow in future cases. Judgments handed down by courts of first instance are generally not published unless they are appealed. In addition, most pre-litigation decisions, for example: whether a criminal defense based on PTSD can be presented in court, unless it is challenged. Therefore, search in appeal cases preferably includes cases where criminal defence based on PTSD has been excluded or has failed at the trial court level. On the other hand, cases where a criminal defense based on PTSD has been admitted to court or successfully presented at trial are largely not included in this review. This review will not address trends at the pre-litigation or judicial level; However, it will address the precedents that trial judges follow when deciding whether to use PTSD as a basis for criminal defense. Using the LexisNexis legal database, Berger et al. 194 federal and state appellate court cases in which PTSD was used as a defense through 2010. Of these cases, 47 involved a criminal defense based on a diagnosis of PTSD.

In 39 of these cases, there was a PTSD defence that the Court of Appeal dealt with and was reviewed by the authors; In Case 8, the issue at issue was not related to PTSD, so the Court of Appeal decided the case for other reasons. The review also included three unpublished case studies in which PTSD had been successfully raised as a defence. It is likely that there are many similar cases, but these studies are usually not published and are therefore not available for review. Avoidance. At least one symptom of avoidance – such as avoiding places, things, or events that remind the victim of the traumatic event – must be obvious. The victim`s statements on these issues must be accurate. Nowadays, we all leave a digital footprint with our activities. Credit card statements may show that the victim has pursued an active lifestyle by traveling by air and other activities that may not be compatible with PTSD. Photos and comments posted on social media may show activity that is incompatible with the plaintiff`s claims. Defense counsel may consider it appropriate to hire a private investigator to record the complainant`s surveillance footage in order to accuse the complainant`s testimony.

LexisNexis` research revealed 194 cases, 47 of which involved a criminal defense based on PTSD. In 39 of these 47 cases, the defence was dealt with in some way by the Court of Appeal, while in the remaining 8 cases, the appeal was not related to the use of PTSD as a criminal defence. Twenty-nine of the cases where the use of PTSD as a criminal defence was discussed on appeal are described in more detail later in the text. The 10 cases not described in this article were excluded because they were redundant with other cases, as the issues dealt with by the Court of Appeal were the same as in the other cases considered. Searching law journal articles and psychiatric literature for cited legal cases revealed two published cases in which trauma-related disorders prior to the DSM`s diagnosis of PTSD formed the basis of criminal defense. It also revealed three unpublished court cases in which PTSD was the basis of criminal defense. These cases will be described below. The legal requirements in civil law relating to an indemnitable breach have gradually eased over the years, moving from the physical effects of a direct injury to the emotional effects of a direct injury, to the emotional effects of harming others, to the emotional effects of knowing that others have been harmed, and a person`s fear of becoming ill at a later date. Include. Although a psychiatric diagnosis is not necessary to act, post-traumatic stress disorder (PTSD) has become the preferred diagnosis for emotional stress. Also in criminal law, PTSD defences have become increasingly common and are used as a standard defence in certain situations.

The limits of using PTSD as a defence have not yet been clarified; In similar cases, different judgements have been handed down by different courts. Although PTSD is increasingly being used as a legal defense in civil and criminal courts, many judges are reluctant to accept it as an autonomous reason to excuse various types of illegal behavior. But of course, with the mental health profession now providing more clarity on the disorder, some of these reluctant judges view PTSD as a valid defense when there is expert testimony in support of the claim.