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Ptsd And The Court System

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JellyB

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Hi.
I am new here so I hope I am posting properly in the right sections.

I wanted to relate my recent experience with the court system. I have PTSD and am on medications. I was given a subpoena to appear as a witness for the Crown. One year ago, I had someone in the passenger seat of my car. He had over-dosed on a medication(and also had oxys in his system) and was high as a result. He pulled my car off the highway by yanking the steering wheel out of my control. My car was totalled and I ended up with some injuries - of course he had no injuries.

I was told that if I did not appear at the court on the day of trial that they would issue a bench warrant for me and I could be arrested.

They did allow me to testify via CCTV on the first day of the trial. However, I was NOT prepared for the way I was verbally attacked by the defence lawyer. I had no idea that they could do that. One of the things that really upset me the most and has caused a setback in my PTSD recovery, is that she was allowed to continue with a line of questioning that "alluded" to the fact that I could not have known what was going on that day in the car because I had been prescribed medications by my psychiatrist. She would not let me reply thoroughly enough to say 1. I had not taken my medications that day, other than Prozac and 2. the medications, in the dosages that they were prescribed, were legally prescribed by a doctor. I was a fully licensed operator of a motor vehicle and fully able to drive without a problem but when someone grabs the wheel of your car when you are driving 100km/hr on a 4 lane highway, there is going to be some havoc caused in the car as it slides across two other lanes of traffic and down an embankment. I was not strong enough to pull the wheel back into my control against his pulling the car off the road.

Definitely there is a bias in this country against medication and mental illness, that is nothing new. But I expect that law enforcement and the courts should at least make a decent attempt to understand what they are talking about. I was made to feel even worse about myself than I already do and publicly embarrassed because I have PTSD. The Crown misled me into thinking that if defence deviated into a line of questioning that was inappropriate, that he would interject. He didn't.

How is it that in this country, the history of the accused cannot be discussed or introduced but for myself, as a prosecution witness, they were allowed to bring up and discuss my past medication history and things about my life (such as my baby) that had nothing to do with the accident that day.

I am all for "innocent until proven guity" but this went way past it.
In retrospect, I should have let them issue a bench warrant and arrested me for not appearing.

At this point, I feel like the guilty person because I have PTSD.
 
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Here in the US, prison is often called, "The Alternative Mental Health System." Punishing the mentally ill might be the oldest and most universal of all cultural traditions.

It is only one of the legal logics that leave me bewildered. I sometimes wonder if "legal logic" is an oxymoron. For sure, I don't get it. Not sure I want to, either.

Gentle hugs, JellyB. Hope the venting helped. I do not want an opinion on "guilty" or "innocent." Just hoping you get through it intact.
 
Thank you for the reply. I don't know that venting helps but perhaps it will. In Canada, I expected that things would go better. I was naïve about the court system but even though there is a process that allows you to work with the Victim Witness program at court (which allowed the CCTV appearance), they were not much help. I had relied on how they explained it to me and what the Crown told me would be happening in the court room. That was a mistake and not one that I will make again. Perhaps when I am better, I will try to begin work as an advocate for those with mental illness because it is sorely needed in Canada. To me, for them to tell me a bench warrant would be issued for me, it would seem the press could have a field day with them throwing me into jail. The whole process was ridiculous.
 
My favorite definition of insanity is trying the same thing over and over while expecting different results.

And legal aces call ME crazy? Theirs is an ancient repetition...
 
In retrospect, I should have let them issue a bench warrant and arrested me for not appearing.
I am glad you did not take this route, as after being arrested they could still force you to appear in court and you would have still gone through what you did, but with an extra cloud over you.

I am sorry it was so difficult in court. I do hope that as a witness you are not breaching any rules by sharing information on here if the case is still ongoing? It would not be permissable here in the UK.

As for the questioning - I have seen it at work, Many years ago I watched a case in court to support a friend who had to appear as a witness. I remember thinking at the time that every witness was made to feel like they were on trial themselves, rather than attending as good citizens to give evidence of what they had seen or heard. I was shocked to say the least.

I am sorry that you had to go through this. I am also sorry that you did not get the chance to explain things as you wanted. However, that day is done. It is not your fault that you have PTSD and nobody can blame you, either for that or for taking prescribed medication.

I do hope things get better.
 
How is it that in this country, the history of the accused cannot be discussed or introduced but for myself, as a prosecution witness, they were allowed to bring up and discuss my past medication history and things about my life (such as my baby) that had nothing to do with the accident that day.

Hi JellyB,

It's awful what you've gone through, and now having to appear in court, errrrgh!

Unfortunately, it's the prosecution's duty to prove fault and the court's responsibility to maintain a defendant's presumption of innocence until fault is proven. To do the latter, the defendant's history is only minimally addressed or not at all so that bias doesn't occur against the defendant in reference to the thing they are being tried for. The way to do that is for the defense to find holes in the prosecution's claims and shed a poor light on the prosecution's witnesses.

Defense lawyers are notorious for their arrogance, taking things out of context, talking over people and interrupting! They are the crafty manipulators of smoke and mirrors in the court room. I'm really sorry you're going through this. It would be stressful even for people without PTSD!

I'm not real familiar with how things work in Canada. But in the U.S. somebody in your situation, and under orders to appear, can write to the court requesting to be excused from appearing, state the reason why, include a doctor's letter, and if one adds they are willing to provide a signed affidavit of the event/circumstances, etc. then oftentimes the Court will allow it. (for future reference).

Drew
 
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