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PTSD as a defence

  • 05-10-2011 6:43pm
    #1
    selfrep
    Closed Accounts Posts: 104 ✭✭


    Has there been any cases where PTSD post tramautic stress disorder has been used as a defence? i.e. the accused doesnt deny the crime but says they were suffering with severe PTSD at the time.


Comments

  • #2
    Delancey
    Closed Accounts Posts: 5,451 ✭✭✭Delancey


    It has been used in mitigation , (i.e. to try and get a reduced sentence ).
    Claiming PTSD at best may affect sentencing - very unlikely to impact on a guilty/not guilty verdict.

    By itself PTSD would be unlikely to be viewed by a court as proof of insanity I would guess.


  • #3
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    PTSD was run as a defence in the Courtney murder trial in the early 90's.


  • #4
    Delancey
    Closed Accounts Posts: 5,451 ✭✭✭Delancey


    Milk & Honey wrote: »
    PTSD was run as a defence in the Courtney murder trial in the early 90's.

    Thats the very case I was thinking of - as a defence it didn't really fly and he got life.


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    It will depend on the charge and the circumstances. There may be elements of self defence and automatism if it was a threatening situation.

    I can't see it being useful for a parking ticket - not unless you had a ticket machine fall on you or something.


  • #6
    selfrep
    Closed Accounts Posts: 104 ✭✭selfrep


    Victor wrote: »
    It will depend on the charge and the circumstances. There may be elements of self defence and automatism if it was a threatening situation.

    I can't see it being useful for a parking ticket - not unless you had a ticket machine fall on you or something.

    edited


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  • #7
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    This discussion belongs with a solicitor, not on the internet.


  • #8
    selfrep
    Closed Accounts Posts: 104 ✭✭selfrep


    ok no worries, apologies


  • #9
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    I've just seen your user name "selfrep" - do I take this to mean you are self representing?

    That is a path that is fraught with difficulty and indeed danger. Maybe you don't trust solicitors, but can I suggest that you at least try to talk to one? Or at least talk to someone you do trust, someone not involved, that would be considered trustworthy by other people and see what they think about how you would proceed.

    If its a matter that you can't afford a solicitor, in which case talk to FLAC www.flac.ie or your local citizens information office.

    Are you receiving help for your other problems?


  • #10
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    If using PTSD as a defence I would think you would have to prove that the traum and its lasting side-effects contributed to the crime. In your case you have stated that you committed the crime to publicise your case so I don't know if it would work there. To be honest, you have put way too many details up here. You're story is very recognisable and you have posted your proposed defence as well as admissions of guilt, even if you did do it in the third person.


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