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PTSD Voir Dire Questions

(Criminal and Injury)

  1. Know anyone who’s a member of the Armed Forces? Who’s served in combat?
  2. Know anyone who’s suffered from Post Traumatic Stress?
  3. Can you conceive of a situation when a person accused of a crime can assert a mental health defense? When is it appropriate?
    a) Can you conceive of a situation when an injured person has suffered PTSD
  4. Is the use of a mental defense an excuse, trick, or technicality to get off?
  5. If you find his mind in a diseased state:
    a) Will you presume him innocent?
    b) Vote not guilty; or is disease no excuse?
    c)Damages for PTSD?
  6. If his mind flickers in and out like a radio station in your car – crossing the desert – would you consider this evidence his brain is broken?
  7. Will you accept the responsibility of enforcing the law relating to;
    a) Intent?
    b) Insanity?
  8. Is the use of insanity too light or should we reject it in order to punish him?
  9. How comfortable are you with the presumption of innocence?
  10. How should we deal with the mentally ill?
  11. Can you vote not guilty by reason of insanity?
  12. What is more important…..public safety or the defendant’s presumption of innocence if you find he has a mental disease?
Law Firm of Richard L. Duquette - Oceanside Criminal Defense Attorney
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