Document Type

Working Paper

Publication Date

5-13-2009

SSRN Discipline

Economics Research Network; Legal Scholarship Network; LSN Subject Matter eJournals; Health Law eJournals

Abstract

This article in the main addresses how the Military Justice system deals and ought to deal with military members who are suffering from posttraumatic stress disorder PTSD and commit crimes It begins with a thorough overview of PTSD in the current military and then moves on to analyze the topic through three particular lenses punishing versus treating military members who suffer from PTSD in light of Retributivst theory psychotherapistpatient privilege in the military as affected by the recent restructuring of military psychiatry and how military courts' own oftignored tradition of rights protection affects these issues The paper concludes provisionally that due to the nature of military society the military must both punish and treat its members who commit crimes in order to have the best chance of reintegrating those members into the community and that while Department of Defense directives and other military law has arguably eliminated the psychotherapistpatient privilege in the military military courts have an opportunity to restore and maintain the privilege in light of those courts' tradition of protecting the interests and rights of military members

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