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Statements posted on this blog represent the views of individual authors and do not necessarily represent the views of the Center for Law Science & Innovation (which does not take positions on policy issues) or of the Sandra Day O'Connor College of Law or Arizona State University.

Wednesday Web Watch for January 28, 2015

WWWCenter for Law, Science & Innovation Faculty Fellow, Betsy Grey, was recently quoted in an article that considers whether it is appropriate for individuals with PTSD, which is still not fully understood, to receive the death penalty.  Grey outlines some of the concerns surrounding a PTSD diagnosis, namely that,

“Most of the evidence for the diagnosis comes from interviews with the defendant, which leads to concerns about the trustworthiness of a particular diagnosis. Put simply, there are concerns that an individual who raises a claim of PTSD after committing a crime might be faking symptoms in order to avoid criminal punishment. But even if concerns about malingering in particular cases and the validity of PTSD as a legitimate diagnosis can be overcome, it is difficult to establish a causal connection between the disorder and the alleged criminal act because a defendant’s claim that he suffered a PTSD dissociative flashback while committing a crime can only be demonstrated by the defendant’s own testimony. Further, some studies have suggested a potential for “confirmatory” bias when a clinician is aware of an individual’s exposure to a stressor. In other words, if, for example, an expert knows that a particular defendant served in combat while in the military, the expert is more likely to find symptoms and diagnose that defendant with PTSD.”

Arguing for a better understanding of PTSD and effective treatment options & access for those suffering from PTSD, the article’s author, Naomi Shavin, notes that, “[i]f our understanding of how PTSD affects veterans does not catch up to the rate at which we are producing veterans with PTSD (particularly from our ongoing engagements in the Middle East), we’re only likely to put more veterans clearly struggling with mental illness on death row.”