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Premenstrual syndrome: a view from the bench.
1Center for Forensic Psychiatry, Ann Arbor, Mich. 48106.
The Journal of Clinical Psychiatry
|December 1, 1988
Summary
Premenstrual syndrome (PMS) has been unsuccessfully used as a legal defense in the US. Future legal use is unlikely, with research likely to remain in the psychological and psychiatric fields.
Area of Science:
- Forensic Psychology
- Legal Medicine
Background:
- Premenstrual syndrome (PMS) has been explored as a potential legal defense.
- Its application in legal contexts raises questions about criminal responsibility and mental state.
Purpose of the Study:
- To review the historical and current use of premenstrual syndrome (PMS) as a legal defense in the United States.
- To analyze arguments for and against its use in various legal defenses and sentencing.
Main Methods:
- Literature review of legal cases and scholarly articles.
- Analysis of arguments presented in support of and opposition to PMS-based legal defenses.
Main Results:
- The premenstrual syndrome (PMS) defense has consistently failed in US courts.
- Arguments for its use in insanity, diminished capacity, and mitigation defenses have been unsuccessful.
Conclusions:
- The legal defense of premenstrual syndrome (PMS) has a low probability of future success in the United States.
- Further research and consideration of PMS are more appropriately situated within psychological and psychiatric domains rather than legal proceedings.
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