The statement may be familiar, but it bears repeating: “Freedom is not free.” The sacrifices of our veterans to procure the freedoms we enjoy are incalculable. When some veterans return home they struggle with difficulties brought about by what they saw and experienced while in military service.
Most veterans transition back to their civilian life well, but some do not. Many experience a delayed stress reaction and persistently re-live traumatic events. For some of these veterans the impact is severe and impairs their ability to function.
This condition has previously been referred to as “shell shock” (World War I), “battle fatigue” (World War II) and “stress response syndrome” (Korean War). Today it is known as Post Traumatic Stress Disorder or PTSD.
The highest level of PTSD occurs among combat troops. The Pentagon estimates that as many as one in five veterans returning from the wars in Afghanistan and Iraq will suffer with mental health issues related to their military experience. A recent national survey concluded that 15 percent of Vietnam War veterans still suffer from PTSD.
Some of these vets try to recover on their own. Many fall into drug and alcohol abuse to self-medicate and find themselves on the wrong side of the law. If the condition goes untreated, it is likely the vet will continue to struggle, which can lead to repeated involvement with the criminal justice system.
In 2008, the Minnesota legislature passed a law that seeks to encourage treatment for veterans who find themselves in the court system due in part to psychological issues related to their military service.
The law provides that “when a defendant appears in court and is convicted of a crime, the court shall inquire whether the defendant is currently serving in or is a veteran of the armed forces of the United States.” For such defendants who have been diagnosed as having a mental illness, the statute then prompts the court to check with the United States Department of Veterans Affairs or Minnesota Department of Veterans Affairs. These agencies can provide the court with information on treatment options available to the particular veteran, including federal, state, and local programming, which can greatly aid the judge in making an appropriate sentence.
Our judicial system has also answered the call to recognize the issues faced by some veterans who end up in court. The Fourth Judicial District and Hennepin County have recently implemented a Veteran’s Court.
The Veteran’s Court is a problem-solving court where the focus is not solely on the offense, but on the individual’s underlying problems. The concept might be described as a rehabilitation program blended with legal consequences.
The court is geared toward defendants who have served in the United States Armed Forces who are experiencing treatable behavioral and chemical health issues like PTSD, traumatic brain injury, anger management/domestic violence and/or substance abuse or chemical dependency.
The stated mission of the court is “to promote public safety and assist and support veterans and their families by creating a coordinated response through collaboration with the veteran service delivery system, community-based services, and the criminal justice system.”
We owe a tremendous debt to our veterans and should make every effort to support them as they return to civilian life. The Veterans Court is one way to repay that debt, and do right by those who have served.
Because freedom is not free.
As always, remember it is your court.
Rasmussen is a District Court Judge in the Ninth Judicial District. He is chambered in Clearwater County and works primarily in Clearwater and Hubbard Counties. His e-mail address is: paul.rasmussen@courts.state.mn.us
