Since its formal introduction into psychiatric nomenclature more than
a decade ago, the diagnosis of posttraumatic stress disorder (PTSD) ha
s become firmly entrenched in the legal landscape. In part, this is be
cause PTSD seems easy to understand. It is one of only a few mental di
sorders for which the psychiatric Diagnostic and Statistical Manual (D
SM) describes a known cause. Since the diagnosis is usually based on p
atients' self-report, however, it creates the possibility of distortio
n aimed at avoidance of criminal punishment, and, as a result, has ach
ieved mired success as a criminal defense. When providing expert testi
mony mental health witnesses must take care to distinguish between mer
e PTSD and a causal connection between PTSD and the criminal act in qu
estion. PTSD has not only been used to abrogate or diminish responsibi
lity, but also to arrange pre-trial plea bargaining agreements or play
a role in sentencing determinations The author explores various uses
and potential abuses of PTSD in criminal jurisprudence and offers sugg
estions regarding retrospective PTSD assessment.