TY - JOUR PY - 2018// TI - Posttraumatic stress disorder and diminished criminal responsibility as "new evidence" in criminal revision procedures JO - Journal of forensic sciences A1 - Rassin, Eric A1 - Boskovic, Irena A1 - Merckelbach, Harald SP - 1911 EP - 1913 VL - 63 IS - 6 N2 - Posttraumatic stress disorder (PTSD) may affect victims of crime, but may also be reported by offenders. In the postappeal phase, offenders may claim to suffer from chronic PTSD and argue that this indicates diminished criminal responsibility at the time the index crime was committed. As members of a Dutch criminal cases review commission, we recently encountered two cases in which PTSD was presented as new evidence that would justify a reopening of the case. In this article, we argue that such claims are problematic in that clinical decision making resulting in a PTSD diagnosis adheres to quite different standards than those dictating forensic fact-finding. The two cases illustrate the difference between criminal and clinical fact-finding.

© 2018 American Academy of Forensic Sciences.

Language: en

LA - en SN - 0022-1198 UR - http://dx.doi.org/10.1111/1556-4029.13789 ID - ref1 ER -