Review, 1990
Can PMS be used as a legal defense in criminal cases?
PMS has been successfully used as a defense in Great Britain but not yet tested in American courts. To use it as a defense, you must prove you had PMS at the time and that it caused your actions to be involuntary or prevented the mental state needed for the crime.
What they did
Review of how PMS has been presented in criminal law and discussion of legal requirements for using it as a defense.
What they found
PMS has been successfully pleaded as a criminal defense in Great Britain but has not been tested in American criminal courts. A PMS defense requires showing that the defendant was suffering from PMS when the crime was committed and that because of the condition, either the act was involuntary or the defendant did not possess the required mental state for the crime. Recent behavioral, psychological, and physiological studies provide better characterization of PMS and diagnostic criteria.
What it means for you
PMS may be usable as a legal defense in American courts, but both the diagnosis and causal link to the crime must be proven. The main limit is this is legal analysis, not medical evidence.
About the study
- Original title
- Premenstrual syndrome as a criminal defense
- Authors
- Lewis JW
- Journal
- Archives of sexual behavior
- Year
- 1990
- Study design
- Review
- What was tested
- None (legal review)
- Read the paper
- doi.org/10.1007/bf02442346
Topics
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