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Posttraumatic Stress Disorder in Courtroom: Insanity Defence

Received: 1 April 2017    Accepted: 12 April 2017    Published: 28 April 2017
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Abstract

Since the Posttraumatic Stress Disorder (PTSD) has been recognised as an independent mental disorder [1] this disorder became leading disorder present in the courtroom. The definition of the psychological trauma and stressor-related disorders have had many changes in order to clarify diagnostic criterion of the disorder related to the exposure to traumatic or stressful event. However, as psychological distress following exposure to the traumatic event or stressful event is quite variable and, for the past more than three decades, the clinicians tried to establish the most reliable assessment and treatment techniques for PTSD. At the same time, the law faces its own dilemma about this disorder in particular when serious clinical case is charged for the offence. To both the medicine and the law it is clear that many individuals who have been exposed to the traumatic or stressful event exhibit a phenotype in which the most prominent clinical characteristics are anhedonic and dysphoric symptoms, externalizing anger and rage, dissociative symptoms, and relationship changes [2]. Subsequently, PTSD made its way into the courtroom as the outcomes of criminal defences for both violent and non-violent crime.

Published in American Journal of Applied Psychology (Volume 6, Issue 2)
DOI 10.11648/j.ajap.20170602.12
Page(s) 22-30
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Mental Disorders, PTSD, Disorganised Self, Dissociation, Insanity Defence

References
[1] American Psychiatric Association (1980): Diagnostic and Statistical Manual of Mental Disorders, 3rd edition, APA, Washington DC.
[2] American Psychiatric Association (2013): Diagnostic and Statistical Manual of Mental Disorders, 5th edition, APA, Arlington.
[3] Zepinic V (2011): Hidden Scars: Understanding and Treating Complex Trauma, Xlibris Publishing, London.
[4] Zepinic V (2016): Disintegration of the Self-structure caused by Severe Trauma, Psychology and Behavioural Science, 5, 83-92.
[5] Herman J (1992): Trauma and Recovery, Basic Books, New York.
[6] Zepinic V (2012): The Self and Complex Trauma, Xlibris Publishing, London.
[7] Zepinic V (2017): Psychopathy: Guilty brain or guilty mind (unpublished manuscript).
[8] Zepinic V (1997): Psychosocial characteristics of war-related posttraumatic stress disorder, Chapter 10 in Ferguson B & Barnes D (Eds.): Perspectives on Transcultural Mental Health, TCMH, Sydney.
[9] van Winkle EP & Safer MA (2011): Killing versus witnessing in combat trauma and reports of PTSD symptoms and domestic violence, Journal of Traumatic Stress, 24, 107-110.
[10] Zepinic V (2015): Persistence of ‘Survival Skills’ as a Risk for Suicide in Severely Traumatised Individuals, International Journal of Emergency Mental Health and Human Resilience, 2, 552-558.
[11] Frierson RL (2013): Combat-Related Posttraumatic Stress Disorder and Criminal Responsibility Determinations in the Post-Iraq Era: A review and Case Report, Journal of American Academy of Psychiatry and Law, 41, 79-84.
[12] Jordan HW, Howe GL, Gelsomino J, et al. (1986): Post-traumatic Stress Disorder: A Psychiatric Defence, Journal of the National Medical Association, 2, 119-128.
[13] Erikson EH (1968): Identity, Youth & Crisis, WW Norton, New York
[14] Berger O, Dale E, McNiel E, Binder RL (2012): PTSD as a Criminal Defence: A Review of Case Law, The Journal of the American Academy of Psychiatry and Law, 40, 509-521.
[15] Donley S, Habib L, Jovanovic T, et al. (2012): Civilian PTSD Symptoms and Risk for Involvement in the Criminal Justice System, The Journal of the American Academy of Psychiatry and the Law, 40, 522-529.
[16] UK Association of Personal Injury Lawyers (2007): The Law on Damages: A Response by the Association of the Personal Injury, UKAPIL, London.
[17] van der Kolk BA, McFairlane AC, Weiseath L (1996): Traumatic Stress, The Guilford Press, New York.
[18] Horowitz MJ (2001): Stress Response Syndrome, 4th ed. Jason Aronson Inc. New York.
[19] Courtois AC & Ford JD (2009): Treating Complex Traumatic Stress Disorder, The Guilford Press, New York.
[20] Foa EB & Rothbaum OB (1998): Treating the Trauma of Rape, The Guilford Press, New York.
Cite This Article
  • APA Style

    Vito Zepinic. (2017). Posttraumatic Stress Disorder in Courtroom: Insanity Defence. American Journal of Applied Psychology, 6(2), 22-30. https://doi.org/10.11648/j.ajap.20170602.12

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    ACS Style

    Vito Zepinic. Posttraumatic Stress Disorder in Courtroom: Insanity Defence. Am. J. Appl. Psychol. 2017, 6(2), 22-30. doi: 10.11648/j.ajap.20170602.12

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    AMA Style

    Vito Zepinic. Posttraumatic Stress Disorder in Courtroom: Insanity Defence. Am J Appl Psychol. 2017;6(2):22-30. doi: 10.11648/j.ajap.20170602.12

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  • @article{10.11648/j.ajap.20170602.12,
      author = {Vito Zepinic},
      title = {Posttraumatic Stress Disorder in Courtroom: Insanity Defence},
      journal = {American Journal of Applied Psychology},
      volume = {6},
      number = {2},
      pages = {22-30},
      doi = {10.11648/j.ajap.20170602.12},
      url = {https://doi.org/10.11648/j.ajap.20170602.12},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ajap.20170602.12},
      abstract = {Since the Posttraumatic Stress Disorder (PTSD) has been recognised as an independent mental disorder [1] this disorder became leading disorder present in the courtroom. The definition of the psychological trauma and stressor-related disorders have had many changes in order to clarify diagnostic criterion of the disorder related to the exposure to traumatic or stressful event. However, as psychological distress following exposure to the traumatic event or stressful event is quite variable and, for the past more than three decades, the clinicians tried to establish the most reliable assessment and treatment techniques for PTSD. At the same time, the law faces its own dilemma about this disorder in particular when serious clinical case is charged for the offence. To both the medicine and the law it is clear that many individuals who have been exposed to the traumatic or stressful event exhibit a phenotype in which the most prominent clinical characteristics are anhedonic and dysphoric symptoms, externalizing anger and rage, dissociative symptoms, and relationship changes [2]. Subsequently, PTSD made its way into the courtroom as the outcomes of criminal defences for both violent and non-violent crime.},
     year = {2017}
    }
    

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    AB  - Since the Posttraumatic Stress Disorder (PTSD) has been recognised as an independent mental disorder [1] this disorder became leading disorder present in the courtroom. The definition of the psychological trauma and stressor-related disorders have had many changes in order to clarify diagnostic criterion of the disorder related to the exposure to traumatic or stressful event. However, as psychological distress following exposure to the traumatic event or stressful event is quite variable and, for the past more than three decades, the clinicians tried to establish the most reliable assessment and treatment techniques for PTSD. At the same time, the law faces its own dilemma about this disorder in particular when serious clinical case is charged for the offence. To both the medicine and the law it is clear that many individuals who have been exposed to the traumatic or stressful event exhibit a phenotype in which the most prominent clinical characteristics are anhedonic and dysphoric symptoms, externalizing anger and rage, dissociative symptoms, and relationship changes [2]. Subsequently, PTSD made its way into the courtroom as the outcomes of criminal defences for both violent and non-violent crime.
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Author Information
  • Psych Clinic, London, UK

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