A State Attempts to Deal With PTSD and Combat Vets
Does it make sense to you to allow a reduced penalty for combat veterans who suffer from post traumatic stress disorder (PTSD) when crimes are committed? One state is considering the possibility.
The Kansas state legislature is considering the merits of a bill today that suggests there be some alternative solution for dealing with soldiers who come back from combat duty and suffer the effects of trauma.
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The Details
According to LJWorld.com, “The measure is being pushed by state Rep. Tom Sloan, R-Lawrence, who said his aim is to assist returning veterans from Iraq and Afghanistan who become entangled in the criminal justice system to get the help they may need.”
Is There a Precedent?
Well, sort of. For those who grew up watching westerns you are keenly aware of the rough and tumble atmosphere of the old west. Historians will point out that many of the outlaws of that time were men who had served in the Civil War and struggled with how to deal with the life they had lived prior to the war. Finding a return to their old way of life nearly impossible following war experience they ventured west in search of adventure.
In other words they may not have been predisposed to a lifestyle committed to force and action if not for their experience in war. Certainly they made their own decisions, but some believe the war experience contributed to the change in personality.
Perhaps it is something similar that drives the potential for a new state law in Kansas. The LJWorld.com report states, “The bill would give a judge the discretion to allow a departure from sentencing guidelines if the defendant has been diagnosed with PTSD and served in combat zones.”
The PTSD Struggle
The fight or flight mechanism that is triggered in stressful situations could potentially trigger actions of force and violence that may be tied to a mental revisit of trauma previously experienced in combat. The end result could be a crime committed in moments when the individual may find it almost impossible to control their response to a fear stimulus.
What this means should this bill become law is that a judge would have some latitude to alter the sentence in the case of conviction in this very specific scenario.
Leawood Representative Pat Colloton told LJWorld.com that, “The proposals aren’t intended to excuse unlawful behavior but to get at the root of the problem and try to help.”
How Widespread is the Problem?
LJWorld.com stated, “As many 300,000 veterans of the Iraq and Afghanistan wars, which is nearly 20 percent of returning forces, are likely to suffer PTSD or major depression.”
Two in every ten new combat veterans will suffer from the effects of post traumatic stress disorder (PTSD). Those men and women may experience difficulties they can’t explain and may not be able to control. This backers of this bill are seeking to emphasis the need for assistance for these individuals without minimizing the severity of the crimes they may commit. The bill seeks to find a balance between justice and compassion.
Opposition
Those voicing views against the bill suggest that current laws should serve to cover all citizens without special treatment for some. They further state that there may not be enough VA therapists to manage the treatment of court ordered rehabilitation should the bill become law.
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