New PTSD Treatments May Affect Sentencing in Some Criminal Cases

Post-traumatic stress disorder (PTSD) is a mental health condition that often affects combat veterans and others who have experienced severe trauma. PTSD can cause a range of symptoms, including flashbacks, nightmares, and intense emotional reactions. In the legal system, PTSD plays a significant role in some criminal cases, particularly when it comes to sentencing. 

Courts sometimes consider PTSD as a mitigating factor. That means the court can factor this condition into its sentencing decision to reduce the severity of a defendant’s sentence. However, this consideration depends on the evidence available and the specific circumstances of the case. 

Historically, courts have viewed PTSD as a long-term condition without a cure, which influenced their sentencing decisions. This perspective is changing as new treatments emerge, which could alter how courts handle cases involving defendants with PTSD.

Recent Legal Developments: The Impact of New PTSD Treatments

Recent legal developments highlight the growing importance of new PTSD treatments in criminal sentencing. For example, in the case of State v. Schueller, the Wisconsin Court of Appeals ruled that evidence of new PTSD treatments could affect a defendant’s sentence. 

Schueller, a Vietnam War veteran, argued that new therapies had significantly reduced his PTSD symptoms, making his condition treatable. The court recognized these treatments as a “new factor” that was not available during Schueller’s original sentencing. 

This ruling marks a shift in how courts might approach cases involving PTSD. It opens the door for other defendants to seek sentence modifications based on advancements in PTSD treatment, demonstrating the legal system’s evolving views on mental health and sentencing.

How New PTSD Treatments Could Influence Sentencing

New treatments for PTSD, such as cognitive processing therapy (CPT) and prolonged exposure therapy (PET), have shown significant success in reducing symptoms for many patients. These treatments help patients manage their PTSD symptoms and, in some cases, even eliminate the condition. 

These advancements could play a significant role in the context of criminal sentencing. Courts that previously viewed PTSD as a permanent, untreatable condition might now reconsider their stances upon receiving evidence of effective treatment. 

Defendants with PTSD who show significant improvement or recovery through these therapies could argue for reduced sentences. This possibility reflects a more nuanced approach to sentencing, where mental health advancements directly influence legal outcomes.

The Role of Expert Testimony in Sentencing Modifications

Expert testimony is vital when seeking a sentence modification based on new PTSD treatments. A well-prepared expert report can present new medical evidence for courts to consider. For instance, in the case of State v. Schueller, an expert provided a report detailing the effectiveness of CPT and PET for treating PTSD. This report introduced new facts that were not available during the original sentencing, leading the court to reconsider Schueller’s sentence. 

In light of recent medical advancements, some defendants could present expert testimony highlighting the effectiveness of new treatments to argue for sentence modifications. This testimony could sway court decisions, especially if outdated views on PTSD treatment influenced the original sentences.

Contact a Wisconsin Defense Attorney

If you have been charged with or convicted of a crime and believe new PTSD treatments could impact your case, contact Cohen Law Offices today. Our defense team understands the importance of presenting the latest medical evidence to support your case. We are here to help you explore all your legal options and fight for a fair sentence. Call us now at (715) 514-5051 for an initial consultation.