Law Commons^™

The Heavy Mark Of Ptsd The Justice System Leaves On The People Going Through It., Ezavier Miller, Angel Emetuche, Sakina Ahmed

ENGL 1102 Showcase

This is a paper about how the justice system in it's many forms can cause PTSD. Not only to the criminals that go through it but also the children, victims. With many process having extensive repercussion causing PSTD to take hold of the many people that seek the justice system for help or judgement.

Long History Of Leniency? A Call For A Georgia Statutory Mitigation Factor For Veterans With Post-Traumatic Stress Disorder, Jonathan Fagundes

Georgia Law Review

In Georgia, criminal sentencing marks a critical period for convicted defendants. As the final moment before the superior court fashions a punishment, the defendant faces a pivotal opportunity to introduce mitigating evidence, including evidence of mental health challenges, life circumstances, and other facts. Where such evidence is offered, the superior court can properly issue a sentence that aligns with the purposes of punishment or other state policies. But some populations, especially veterans convicted of nonviolent offenses, are exposed to unique stressors that likely affect their culpability. The existing sentencing regime, however, does not guarantee that this mitigating evidence will even …

The Thinning Blue Line: Ptsd Benefits For Law Enforcement In Minnesota, Caleb Wootan

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Representing Trauma: Empathy, Sexual Violence, And Secondary Trauma In Courtrooms And Classrooms, Dr. Laura Mattoon D’Amore

Roger Williams University Law Review

No abstract provided.

An Internal And External Contextual Autoethnography Of A Single Mother's Experience As It Intersects With Misogyny, Patriarchy, And Hegemonic Masculinity, Heidi Sampson

Antioch University Dissertations & Theses

This dissertation is a contextual autoethnography of my lived experience with stigmatization, stereotypes, and institutional obstructions as a divorced single mother who previously experienced intimate partner violence and was diagnosed with post-traumatic stress disorder. The purpose of the study is to shed light on the complexity of the single motherhood experience, both internally and externally. From 2009 to 2019, the institutions I accessed for assistance as a single mother and those I interacted with for my children, my job, my health, and even within the church were unnecessarily burdensome financially, physically, and emotionally. This dissertation takes a contextual look at …

Trauma-Informed (As A Matter Of) Course, Natalie Netzel

American University Journal of Gender, Social Policy & the Law

Law students are impacted by trauma and law professors are in a position to help by adopting a trauma-informed approach as a matter of universal precaution. The 2021 Survey of Law Student Well-Being (“SLSWB”) revealed that over twenty percent of responding law students meet criteria that indicate they should be evaluated for post-traumatic stress disorder (“PTSD”). The study also revealed that almost fifty percent of responding students reported an important motivation for attending law school was experiencing a trauma or injustice. Put differently, law schools are full of law students who have experienced trauma, many of whom are actively struggling …

The Negative Impact Of Service Member And Veteran Post Traumatic Stress Disorder (Ptsd) Rating Or Specter Of Ptsd On Child Custody Arrangements, Erhan Bedestani

Catholic University Journal of Law and Technology

No abstract provided.

Kicked Out, Kicked Again: The Discharge Review Boards’ Illiberal Application Of Liberal Consideration For Veterans With Post-Traumatic Stress Disorder, Jessica Lynn Wherry

Georgetown Law Faculty Publications and Other Works

In recent years, the Department of Defense (DoD) has responded to the growing awareness of mental health issues for military servicemembers during and after service. This Article focuses on veterans who have already been discharged from service, and specifically those who have been discharged under other-than-honorable conditions for misconduct that is likely the result of a mental health condition, including post-traumatic stress disorder (PTSD), traumatic brain injury, sexual assault, or sexual harassment. Thousands of former servicemembers have been kicked out of the military for misconduct rather than treated for mental health conditions they experienced due to their military service. When …

Limiting The Deadly Impact Of Post-Traumatic Stress Disorder (Ptsd): Offenders Suffering From Ptsd At The Time Of The Offense Should Be Excluded From The Death Penalty, Alexandria Patterson Tipton

Lincoln Memorial University Law Review Archive

The Constitution of the United States prohibits the infliction of “cruel and unusual punishments.” However, a consistently asked question is what constitutes cruel and unusual punishment. In 1958, the Supreme Court stated that “the basic concept underlying the Eighth Amendment is nothing less than the dignity of man,” and recognized that the “words of the [Eighth] Amendment are not precise, and that [the Court’s] scope is not static.” Thus, “[t]he Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.” Accordingly, the constitutionality of the death penalty—specifically the implementation of it—depends …

Recognizing The Need For Mental Health Reform In The Texas Department Of Criminal Justice, Kara Mchorse

St. Mary's Law Journal

The ways in which mental health care and the criminal justice system interact are in desperate need of reform in Texas. The rate of mental illness in Texas is higher than the current state of mental health care can provide for. While state hospitals were once the primary care facilities of those with mental illness, the Texas Department of Criminal Justice (TDCJ) has taken on that role in the last few decades; and when the criminal justice system becomes entangled with mental health care, it often leads to “unmitigated disaster.” If Texas continues to allow the TDCJ to act as …

Home Now, Malik Hodari

Mighty Pen Project Anthology & Archive

A soldier begins to find his way home after returning from Vietnam.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

The Growth And Need For Veterans Treatment Courts, Chad Lennon

Touro Law Review

No abstract provided.

Trauma-Informed Advocacy: Learning To Empathize With Unspeakable Horrors, Susan Ayres

Faculty Scholarship

No abstract provided.

The Proportionality Rule And Mental Health Harm In War, Sarah Knuckey, Alex Moorehead, Audrey Mccalley, Adam Brown

Faculty Scholarship

The foundational international humanitarian law rule of proportionality — that parties to an armed conflict may not attack where civilian harm would be excessive in relation to the anticipated military advantage — is normally interpreted to encompass civilian physical injuries only. Attacks may cause significant mental harms also, yet current interpretations of the law lag behind science in understanding and recognizing these kinds of harms. This article analyzes legal, public health, psychology, and neuroscience research to assess the extent to which mental health harms should and could be taken into account in proportionality assessments.

Shadows, Richard H. Geisel

Mighty Pen Project Anthology & Archive

A Vietnam veteran considers the consequences of investigating a death during war.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

The Things We Carry, Sheri Clark

Mighty Pen Project Anthology & Archive

A soldier’s wife describes the burdens of silence and heartache.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

The Real Thing, Sheri Clark

Mighty Pen Project Anthology & Archive

A veteran’s wife realizes she married a veteran of Vietnam not after their wedding vows but when he finally chooses to speak about the war.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience …

Carry-On Luggage, Jack Frazer

Mighty Pen Project Anthology & Archive

A soldier comes home from Vietnam, measuring his life by what he brings home in his pockets and duffel from the war.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

From War To Home: The Systematic Issues Operation Enduring And Iraqi Freedom Veterans Face Transitioning With Ptsd, Tiffany D. Ware

Dissertations

Purpose: The purpose of this phenomenological study was to describe the perceptions of Operation Enduring and Iraqi Freedom veterans with PTSD, who are transitioning from active duty to civilian life, regarding their participation in the Disabled Transition Assistance Program.

Methodology: The methodology for this research study will be qualitative from a phenomenological perspective. When thinking of research as it pertains to qualitative methods, it is appropriate to use when a researcher is trying to study the lived experiences of individuals (Flipp, 2014; Patton, 2015). This method will describe perceptions of Operation Enduring and Iraqi Freedom veterans with PTSD, who are …

Leaving “Other Than Honorable” Soldiers Behind: How The Departments Of Defense And Veterans Affairs Inadvertently Created A Health And Social Crisis, Daniel Scapardine

Maryland Law Review

No abstract provided.

Symposium Transcript, Erwin Chemerinsky, Mary Ellen O'Connell, Jeremy Rabkin

Erwin Chemerinsky

No abstract provided.

A Study Of The Effectiveness Of The Crisis Care & Counseling Course Within The Special Operations Forces At The Joint Special Operations University, Mary Ann Quartetti

Doctor of Education (Ed.D)

The Special Operations Forces have experienced a surge in PTSD and suicides in the past several years, now surpassing conventional military branches. Due to the attached stigma for seeking help from mental health professions and potential negative career effects, military personnel are more likely to seek counseling from their unit chaplain. The U.S. military does not require chaplains to have a counseling degree or certification in counseling as a prerequisite to performing duties as a chaplain, although most Masters of Divinity programs do include some counseling courses. The military does provide limited training to its chaplains in counseling. Special Operations …

A Call For Limiting Absolute Privilege: How Victims Of Domestic Violence, Suffering With Post-Traumatic Stress Disorder, Are Discriminated Against By The U.S. Judicial System, Jerrell Dayton King, Donna J. King

DePaul Journal of Women, Gender and the Law

The U.S. court system often traumatizes victims of domestic violence (“DV”) through institutional gender discrimination, which has plagued women throughout the United States since colonial American times. In many ways the court system becomes a participant in re-victimizing and continuing the abuse of the DV victim. Abusive power and control of women exposes them to DV in alarming numbers; this causes many DV victims to experience severe trauma that results in psychological injuries such as Post-Traumatic Stress Disorder (“PTSD”). In the court system, the DV abuser enters the legal process with an advantage over his victim who suffers from PTSD. …

The Mental Health Of Our National Security: Protecting The Minds That Protect The Homeland, Alan Wehbé

American University National Security Law Brief

No abstract provided.

Legal Strategies For Defending The Combat Veteran In Criminalcourt, Brockton D. Hunter, Ryan Christian Else

Mitchell Hamline Law Review

No abstract provided.

Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.

How Personality Affects Vulnerability Among Israelis And Palestinians Following The 2009 Gaza Conflict, Daphna Canetti, Shaul Kimhi, Rasmiyah Hanoun, Gabriel A. Rocha, Sandro Galea, Charles A. Morgan Iii

National Security Faculty Publications

Can the onset of PTSD symptoms and depression be predicted by personality factors and thought control strategies? A logical explanation for the different mental health outcomes of individuals exposed to trauma would seem to be personality factors and thought control strategies. Trauma exposure is necessary but not sufficient for the development of PTSD. To this end, we assess the role of personality traits and coping styles in PTSD vulnerability among Israeli and Palestinian students amid conflict.We also determine whether gender and exposure level to trauma impact the likelihood of the onset of PTSD symptoms. Five questionnaires assess previous trauma, PTSD …

Pilot Programs For Veterans Transition To Engineering Fields, Vukica M. Jovanovic, Anthony W. Dean, Carol L. Considine, Karina Arcaute, Petros Katsioloudis, Mileta Tomovic, Thomas B. Stout, Connor Schwalm, Jennifer G. Michaeli, Yuzhong Shen

Engineering Technology Faculty Publications

Veterans, through their active service, frequently receive training in highly skilled technical areas. However, they may lack a theoretical background in underlying engineering principles. They also need additional support with the transition from a highly structured military environment to an environment with more ambiguous time constraints and different sorts of responsibilities. Moreover they are facing challenges which are specific for their student population. Therefore, enabling multiple mechanisms which would support them and provide them necessary guidance are especially important at universities with large veteran populations such as at Old Dominion University in Norfolk, Virginia. Hence, there is a need for …

Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts

Faculty Articles

No abstract provided.

Best Emerging Holistic Advocacy Practices To Break The Cyclical Trauma, Depression, Alienation And Criminalization Afflicting Our Returning War Heroes, Paul Freese, Natalie Klasky

University of Miami National Security & Armed Conflict Law Review

No abstract provided.