Abstract
Previous research has demonstrated that jurors show a bias towards treatment for veterans with post-traumatic stress disorder (PTSD). The present research examines this bias when jurors are faced with cases of potential malingering, in which the defendant’s claim of PTSD is a perceived attempt to escape legal punishments. Trial vignettes, in which veteran status and PTSD diagnosis timing were manipulated, were used to explore this phenomenon. It was found that veterans who received their diagnosis after being arrested were found guilty more often, and were diverted to treatment less often, than those who were diagnosed before an arrest. This has critical implications for mental healthcare in that it is crucial to properly diagnose and treat people before they find themselves in court. Further, the negative outcomes in court demonstrate one of the severe social impacts of untreated or late-diagnosed PTSD.
Highlights
Post-traumatic stress disorder (PTSD) has received attention because of the prevalence of the condition in veterans from Operation Iraqi Freedom (OIF), Operation Enduring Freedom (OEF), and Operation New Dawn (OND)
The timing of diagnosis predicted verdict, χ2 (4, N = 229) = 44.23, p < 0.0001, which shows that defendants who were diagnosed with PTSD after arrest are given guilty verdicts more often than defendants who were diagnosed before arrest
The present research illustrated the need for early diagnosis of PTSD because of the manner in which diagnoses after the fact could be viewed as malingering
Summary
Post-traumatic stress disorder (PTSD) has received attention because of the prevalence of the condition in veterans from Operation Iraqi Freedom (OIF), Operation Enduring Freedom (OEF), and Operation New Dawn (OND) Associated with this is the supposed connection between some symptoms of PTSD and criminal behavior [1], for example, hypervigilance. A defense attorney may attempt to use PTSD as a defense for their client, which would require an evaluation by mental health professionals after the person has been arrested This post-arrest diagnosis may be perceived as malingering by jurors and not serve to help a person who is suffering. This is the reason that defense attorneys often avoid the insanity defense, as it is often seen by juries to be an attempt to avoid responsibility [3,4]. It is hypothesized that a post-arrest diagnosis is mistrusted and could be viewed as self-serving
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
