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Old 03-08-2013, 10:11 PM
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Originally Posted by funkychinaman View Post
The suspect could plead not guilty by reason of mental defect/diminished capacity. But has anyone ever successfully argued that PTSD counts as a mental defect/diminished capacity.
As far as I can tell (from quickly Googling it), the answer is no. That's more-or-less what Robert Bales' attorneys have tried to argue, and prospects aren't looking good for him. PTSD has been used repeatedly by the defense to argue for more lenient sentences, though (guessing it's part of the reason there are so few vets on death row).

Traumatic Brain Injuries are another story, I would think.
Cry "Havoc," and let slip the hogs of war.
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