PTSD Tied to Successful Insanity Defense

[unhappycamper]

PTSD Tied to Successful Insanity Defense
January 14, 2009
San Jose Mercury News

SAN JOSE, Calif. - In a landmark case for veterans suffering from post-traumatic stress disorder, a Santa Clara County jury Tuesday found a former Army captain diagnosed with PTSD not guilty by reason of insanity for robbing a Mountain View, Calif., pharmacy of drugs at gunpoint.

Sargent Binkley, 34, faced a maximum of 22 years and eight months and a minimum of 12 years in state prison after the same jury convicted him last week of the 2006 robbery. He initially spent about two years in county jail awaiting trial and has been in a residential drug treatment program ever since.

The jury's verdict in the sanity phase of the trial Tuesday means Binkley could be treated for the disorder in a state hospital or as an outpatient. He was taken into custody Tuesday to be evaluated.

"What this case means is that the jury stood behind a Soldier," said Charles J. Smith, one of his attorneys. "We strongly believe that Soldiers should get preferential treatment if they come back with problems after their service to our country."

Binkley and his father, Edward, burst into tears when the verdict was announced.


Rest of article at: http://www.military.com/news/article/ptsd-tied-to-ex-gis-insanity-defense.html

[atreides1]

1. What this really means

Is that a very real mental problem will be exploited as a defense from robbing a pharmacy to killing children!


No one should receive preferential treatment, not even returning military personnel!

[RaleighNCDUer]

2. That's an odd reply.

If it is, as you say, a "very real mental problem" then it is not being "exploited" - it is a legitimate defense as the perp is suffering from diminished capacity and is not in complete control of his faculties.

I can understand the 'no preferential treatment' argument if you don't believe in PTSD - but the simple fact of believing in PTSD means that it IS a defense.

That's very close to "Mere factual innocence is no reason not to carry out a death sentence properly reached."