Forensic Psychology, Mental Illness, and Military Crimes

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Forensic psychology has been associated with handling legal matters and solving crimes in the civilian. However, there is limited focus on how it is an integral part of the military justice system.

Since 9/11, there are increased concerns about mental illness and a rise in crimes within the U.S. Military. Research shows that post-traumatic

stress disorder (PTSD) and other mental health issues are more prevalent in the military than the general population (Frank et al., 2018; Weeks et al., 2017; Rusu et al., 2016; Goodwin et al., 2015; McGuire et al., 2015).

In response to the September 11th attacks, the United States deployed the world’s most advanced military to support the Global War on Terrorism (GWOT). Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF) were the nation’s longest conflicts, overthrowing Saddam Hussein’s government and removing insurgents occupying regions within Iraq and GWOT in Afghanistan. Such long-standing conflicts psychologically impacted a large proportion of the nation’s military personnel.

According to the National Academies Press (2020), nearly two million service members served in OIF and OEF. Of those served, a large population has experienced mental health issues such as anxiety, depression, traumatic brain injury, and PTSD. The significant rise in mental illness has completely saturated the military healthcare and justice systems over the last 20 years. More than 40,000 military service members were diagnosed with PTSD immediately following OIF and OEF, forcing some to separate from service (Anxiety and Depression Association of America, 2020, para. 1). As a result, between 11-20 out of every 100 veterans can suffer from PTSD at any given year (U.S. Department of Veterans Affairs, n.d., para. 1).

Umbrasas (2020) studied the pervasiveness of PTSD diagnosis among military service members who were referred to sanity boards to determine competency and criminal responsibility to stand trial. Additionally, the study evaluated whether PTSD was considered a severe mental disease or defect that could impact military members’ capabilities to move forward with trial proceedings. Results showed that over 13% of the military personnel referred were diagnosed with PTSD. Of those diagnosed, none met the criteria for incompetency to stand trial. However, 30% met the criteria for the insanity board for severe mental disease or defect. One military member was found not criminally liable due to dissociation which is a criterion (symptom) of PTSD.

Due to severe psychological trauma, forensic psychologists work closely with neuropsychologists and neurologists to assess the severity of mental illness for legal and medical purposes. This is especially important since forensic psychologists must address military personnel’s competency, criminal culpability, and motives that result in criminal hearings. Their professional opinion is significant, as the defendants’ competency and criminal culpability are crucial for military actions.

Increased mental health concerns have waterlogged the military justice system, increasing the need for forensic psychologists to assist with psychological and criminal matters. In addition, psychological concerns have exacerbated domestic and physical assault, sexual crimes, murders, and other crimes that have increased the volume of military court cases. Mental health issues have been the foundation of determining psychological impairment, competency and insanity evaluations, criminal cases, and sentencing, especially for capital punishment hearings. Forensic psychologists have been working diligently to close the divide between psychology and legal matters and credible evaluations for military courts.

It has been reported that the rise in military crimes is linked to anti-social and high-risk behaviors because of mental health concerns. During deployments, the propensity to engage in unhealthy drinking, illicit drug use, and criminal behavior has been significantly high. Though the use of illicit drugs in the military has decreased within the last 5-10 years, opioid and prescription misuse have increased. In 2009 alone, approximately 3.8 million military physicians prescribed pain medication, primarily for service members injuries due to combat or training missions (National Institute of Drug Abuse, 2019, para. 4).

Alcohol abuse is the most prevalent form of abuse among active-duty personnel. Increased combat exposure, particularly trauma and violence, have exacerbated alcohol use. It was reported that binge drinking is the highest form of alcohol abuse among active duty at 30 percent. Evidence suggests that such risky behavior leads to increased crimes. Snowden et al. (2017) collected data from a 12-year period (i.e. 2002 - 2014) to examine the prevalence of self-reported behaviors, criminal justice involvement, and substance abuse among military personnel. Results determined more were prone to higher criminal activity, substance misuse, and lifetime arrests compared to the general public.

Though everyone’s case is different, forensic psychologists must emphasize the importance of having standardized methods to mitigate invalidity, unreliability, and inaccuracy through systematic diagnosis, standardized assessment measures, malingering assessments, and how trauma within the military impacts psychological reporting. This is especially important since there is a rise in mental illness which correlates to increased crimes within the military. Forensic psychologists play a vital role within the military justice system in how defense attorneys can establish the most effective teams for their clients’ defense cases.

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Why the Need for Forensic Psychology in Military Courts?

Defense attorneys, prosecutors, judges, and psychologists offer expert opinions to develop effective strategies for court proceedings. There is a need to expand the purview of forensic psychology within the military courts so psychologists can better understand the nature and processes of the military system. In addition, military attorneys and their teams work closely with mental health experts to effectively interpret psychological reporting and determine how it impacts court cases.

In military trials, there are many opportunities to expound and conceptualize psychology and law. The military justice system remains a relevant, rigorous, and thorough litigation process and is a symbol of discipline, fairness, justice, and consequential management for military policies and procedures. Forensic psychologists are needed from consulting on strategy and jury selection to educating military panels on the scenic of military and suggestibility, and coercive control in performing forensic assessments (Stein & Younggren, 2019, para. 1). This is imperative for the military to determine readiness deficiencies and provide necessary treatment among the active-duty force.