We attended the February 2016 meeting of the National Association of Criminal Defense Lawyers, NACDL, in Austin TX. Lawyer Brockton D. Hunter of
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Minneapolis presented relevant data concerning Iraq/Afghanistan veterans andtheir problems upon return from the war zone.Historically, difficulties for war returnees had been recognized for at least 3000years — Homer’s Iliad spoke of ancient experiences eerily similar to what happenstoday.Some 3 million military served in Vietnam. About half exhibited psychologicalinjuries—and half of them were later arrested for offenses in the states. Anunpopular war, Vietnam demonized the military mission. Returning troops oftenwere treated dreadfully.PTSD has gone by various names in American history . In the Civil War, it wascalled soldier’s heart. In World War I, shell-shock. In World War II, combatfatigue.More recently, about 3 million personnel served in the Iraq/Afghanistan conflict .About 20% have PTSD, another; 20% have TBI. Often, their symptoms aredelayed. Among this number, 300, 000 women served beside their malecounterparts in the combat zone; they report significant sexual harassment issues.Today, a tragic 22 returning vets commit suicide every day – one every 65 minutes,according to Mr. Hunter.
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The speaker predicted huge future problems for returning vets. Unlike Vietnam–”serve 12 months, then go home” – today’s warriors have endured multipledeployments. Moreover, because of wonderful advances in medicine, many(though traumatized) are saved and return to civilian life.Two aspects of war fighting are different today. First, the American public does notseem to blame these volunteers for obeying orders and going to war. Second,citizens are carefully sanitized from negative images, such as returning flag-drapedcoffins. For Mr. Hunter, the supportive stickers and generous “thank you for yournational service” words are too often superficial. Overall, the public is apatheticand has tuned the war out. We who remain back home are not challenged tosacrifice– it is a “forgotten war.”Of those serving in Iraq/Afghanistan, Mr. Hunter reports that: 94% received incoming fire 48% killed enemy combatants 51% saw and handled friendly human remains 28% were responsible for injury/death of noncombatants caught in thecrossfire 68% viewed fellow troops first-hand being hurt or killed 86% lost a friendMany returnees self-medicate on alcohol or drugs. They have flashbacks and arefrequently violent or self-destructive. And from that, Mr. Hunter advances atroubling prediction–great crime waves have occurred every time US veteransreturn from major battles. One post-Vietnam study reported that 12% of returneescommitted serious felonies. As for Iraq/Afghanistan, , a 2009 study found that anincrease in post-war crime tied to the toxic combination of multiple deploymentsand a “dirty” war of IEDs and confusion over friend/foe.
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How can the defense lawyer help? Attorney Hunter works closely with a veterans’nonprofit defense project, advocating and educating for veterans in the criminaljustice system. He reviewed effective advocacy, along with the special concernsand ethical issues confronting returnees, especially those with service-relateddisorders.In a legal context, four potential trial defenses are significant: Insanity and lessened mental responsibility Self-defense Automatism – conditioned responses Mens rea – with PTSD and TBI suggesting at least a lesser degree of guiltMr. Hunter stresses that defense litigators should call family and friends to showhow the soldier changed after combat. Military buddies can be extremely useful,along with experts on PTSD. Similarly, pictures of life in the war zone, alongwith peers who can report how brutal the war was, will go far in building aneffective presentation.The defense should be prepared to call an expert who can speak to how boot camp/basic training seeks to minimize lingering moral misgivings about violating theFifth commandment; the goal, he comments, is for the recruits to learn to take lifewithout compunction.The defense litigator should work hard on extenuation/mitigation – telling thestory effectively and winning structured rehabilitation and support for the militaryaccused.
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Veterans’ courts? According to Mr. Hunter, they can be extremely helpful. But it isimportant to first discover whether those opting for the Vets’ Court systemsurrender significant Constitutional rights in that specific forum.Effective defense for returning vets? As Mr. Hunter wisely comments, “we owe itto our clients, our families, and ourselves….”
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