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Stress relief in criminal courts

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Stress relief in criminal courts

A rising number of state and local criminal courts are recognizing that combat veterans who commit crimes may suffer from post-traumatic stress disorder or mild traumatic brain injury. If such is the case, they may need – and deserve – health care more than jail time.

The trend is seen in jurisdictions that have established special veterans courts, and in states that have passed legislation to raise awareness among judges, prosecutors and defense attorneys that combat-related stress may be causing some veterans’ misbehavior. When PTSD is confirmed, judges today are handing down more constructive sentences to troubled veterans than stints in prison.

These initiatives, combined with news accounts of “invis-ible injuries” inflicted on thousands of troops overseas, have changed the way many veterans who break the law are handled.

“There’s a bunch of Petri dishes in courts all across the country where people are experimenting with different approaches,” said Brockton D. Hunter, a criminal defense attorney in Minneapolis. “The commonality is recognizing that when veterans’ criminal behavior is driven by a psychological injury, whether PTSD or TBI, we owe them the help they need as the country that sent them to war, because these veterans are every bit as injured as the guy who lost both legs to an IED blast.”

The first local veterans court appeared in Buffalo, N.Y. Others now operate in Orange County and San Diego, Calif.; Tulsa, Okla., and parts of Alaska, Illinois and Pennsylvania.

Rep. Bob Filner, D-Calif., chairman of the House Veterans’ Affairs Committee, led a roundtable discussion on these courts in mid-September to tout their benefits.

For veterans facing conviction, these courts assign other veterans to serve as mentors, arrange appointments with VA services, or appoint public defenders who encourage vets to tell their stories in court. Some of these courts also work to address underlying problems for vet offenders, including unemployment and homelessness. Filner said veterans courts cost significantly less than incarceration. Long term, they save money and, “more importantly, they save lives,” he said.

Less costly still is legislation like Minnesota passed last year. Hunter and another attorney, Guy Gambill, drafted and pushed the bill through, inspired by California’s passage of a similar measure in 2007. It modified Minnesota’s sentencing statute to encourage courts to deal more appropriately with psychologically injured veterans. Probation officers conducting pre-sentencing investigations now must consult with VA and inform judges on what role PTSD or TBI may have played in offenses committed by servicemembers or veterans.

Given the sacrifices our veterans have made, legal advocates such as Hunter are urging judges and prosecutors “to take a look at this issue with fresh eyes.” Where they find “underlying psychological injury,” courts should consider “a therapeutic response” rather than convictions and sentences that will follow veterans throughout their lives.

The message is being received. “With lower level offenses, more judges are deciding it doesn’t make sense to convict these people if they have an opportunity to get the help they need,” Hunter said. Offenders often enter no-contest pleas and agree to get treatment, thus avoiding convictions.

But PTSD or TBI can’t be “get-out-of-jail-free” cards, which remains a worry for prosecutors, Hunter said. Before treatment can replace jail time, veterans need to take responsibility for what they’ve done, admit they’ve got a problem and get the help they need.

Tom Philpott, a former Coast Guardsman, has written about veterans and military personnel issues for more than 30 years.

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asmithkv

July 4, 2013 - 8:15am

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mohombre

January 27, 2011 - 12:11am

I had been treated for what wsa considered, depression. amxiety, and a sleep disorder...pill after pill...counseling session after counseling session. I did not realize what was really happening to me. After the incident with a sleep medication that I had been presribed because I was desperate for sleep...which I ended up in jail...not remembering any of that night. I now am stuck with 4 felonies and I lost my career in real estate...along with my self esteem and self worth. I now have a rating of 100% PTSD...Along with other injuries that are service connected. I don't know what to do...I lost alot but I am still alive. I do hope that the courts look into the veteran's record...but in my case, the DA had used my military training against me telling the jury that my ability to "fight" was why I decided to hit a police officer,but I cannot recall any interaction with the police, or getting into my car. I had to go to jail and I am still paying for supervised probation. SUCKS!

mohombre

January 26, 2011 - 11:55pm

if you decide to take your case to trial...it is the jury that finds you either guilty or not. Even with records...there is a dog and pony show inside the courtroom. Pray that if you are found guilty...you have a fair judge.

troy85819

August 13, 2010 - 12:56pm

you are right, there are phony vets every where trying to get something for nothing. All the courts have to do is examine thos guys records close.

MarDivPhoto

March 7, 2010 - 6:21pm

It's important to remember that a substantial number of phony vets are out there, almost invariably claiming PTSD. The book Stolen Valor by Burkett revealed years ago how common this situation is. Therefore, we have to hope every court takes pains to confirm claims of veteran status. Even the VA has been taken in on claims, there are currently half again as many men listed on their rolls as Vietnam POWs as there are actual POWs still living. Unfortunately, many vets and organizations have gotten so paranoid about the VA trying to cheat them that it has become very difficult for the VA to reexamine the records of anyone who has made it into the system.

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