Veterans with PTSD and the Criminal Justice System – Law Journal for Social Justice


By Erin Johnson

Recent statistics show that there are more than 18 million veterans living in the United States. Approximately 200,000 soldiers transition out of military service every single year. For many, this transition is full of uncertainty and struggle.

Veterans with Post Traumatic Stress Disorder are 60% more likely to interact with the criminal justice system than veterans without PTSD. This interaction with the criminal justice system can range anywhere from arrest to incarceration. We must ask ourselves where the disconnect is.

Although there are transition programs available, recent studies have shown that veterans felt they had minimal support from these programs when they reintegrate back into civilian life. Many veterans separate from the military with undiagnosed PTSD and do not receive a PTSD diagnosis until after they experience a public breakdown or get arrested. In many cases, these arrests stem from violent offenses, drug crimes, or property crimes. Screening and early identification of PTSD can reduce the risk of veteran involvement in the criminal justice system by providing veterans with proper resources and care. A study conducted by the Veterans Justice Commission between August and November 2023 revealed that among veterans who entered the criminal justice system, many reported feelings of hopelessness and despair, and to make matters worse, some reported never being asked about their veteran status after being arrested.

Photo: Wesley Tingey via Unsplash

Some criminal courts in the United States, including some in Arizona, have implemented specialized courts that deal exclusively with veterans charged with crimes. They are commonly referred to as Veterans Courts. These courts provide veterans with a treatment plan specific to the veteran and their needs while trying to find the root cause of the criminal behavior. Unfortunately, because of focused qualification assessments, limited resources, and availability constraints, placement in Veterans Court is far from guaranteed. Statistics show that no more than 10-15% of veterans involved in the criminal justice system can be served by Veterans Courts. [MOU1] Additionally, one must apply for the program[MOU2] , and for many, this is another reminder of the trauma they endured to acquire their veteran status.

The first step in addressing the needs of veterans is proper identification of mental health needs before they are discharged. This includes a diagnosis and projected integration plan when they leave the military. It is crucial that we implement policies to mitigate criminal behavior by veterans with PTSD before arrests occur. Veterans deserve proper care and diagnosis. In an already difficult transition, the Department of Veterans Affairs and our government can ease integration efforts through better policy. Additionally, veterans who find themselves in the criminal justice system deserve to have policies in place to help them get back on their feet and the help they need. Veterans Courts should be available to all veterans regardless of the level of crime committed or geographic location. They served for our freedom; we owe it to them to help when we can to ensure they do not lose theirs.

All blog posts are opinion pieces produced by Associate Editors, and any and all beliefs expressed solely reflect the view(s) of the individual author. These publications do not reflect the official view(s) of the Law Journal for Social Justice, or any other organization, institution, or individual.

Published by Law Journal for Social Justice at Arizona State University

The Law Journal for Social Justice (“LJSJ”) is the first student-run and student-created online journal at Sandra Day O’Connor College of Law. LJSJ aims to edit, publish, and produce notable works through its online website from legal scholars, practitioners and law students. LJSJ also publishes twice a year, featuring articles that focus on important, novel and controversial areas of law. LJSJ will provide a fresh perspective and propose solutions to cornerstone issues that are often not discussed, which may also have the potential to positively impact local communities.
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