PTSD and Legal Ramifications

[ladyincombats]

Hi

If anyone can help with some info in this area it would be greatly appreciated.

I am writing a term paper on PSTD and another more specifically on the legal connection, and I've been having a difficult time finding actual written resources.   I'm looking for info dealing with topics such as when a member does something out of character(ie driving a vehicle through a HQ) and that member has been diagnosed with PTSD, do they have a defence such as not guilty by reason of mental defect?  As well any links or documentation on the legal ramifications of a member diagnosed with PTSD trying to gain custody of children during a custody battle.

Any and all opinions on this subject are welcome, but some actual links to material would make my life sooooo much easier.

Thanks  

 

[Cloud Cover]

You have to look at the charge. Is there subjective mens rea involved? Then you have to look at the available avenues of answering the charge. Then inquire: is NCR one of the available avenues? If the answer is yes, then research the legal test for NCR. Next, inquire whether there is a reasonable nexus between the symptoms of the PTSD and the criminal act complained of. If there is a nexus, is it one where NCR can be engaged to answer the charge?

Research should entail an inquiry into who holds the burden of proof of establishing NCR?
What is the legal test for NCR?
What is the standard of proof to be met for NCR?
What is the standard for the admittance of expert evidence to establish NCR? What about PTSD as a subcomponent of NCR.
What would the Crown likely argue to counter the argument of NCR?
Is NCR based on PTSD a "defence" or an answer to a charge recognized by law?
What is NCR?

When you answer these, let me know. I'm interested.

Cheers.