For too long, America has been in denial about the true cost of war. We have honored our veterans with our lips but we have refused to acknowledge the wounds we don’t see, the deep, painful psychological scars borne by so many of our veterans. Thankfully, we are at last beginning to recognize the depth of this problem. We are beginning to reach out a helping hand to those men and women who have borne the heat of battle and come home forever changed.
In his State of the State speech, Gov.
Arnold Schwarzenegger spoke eloquently and frankly
about these wounded warriors and our obligation to
make them whole again:
“Too often our soldiers bring back the enemy with them
in their heads. We are seeing and hearing all about
a lot of post-traumatic stress syndrome . . . Those men and women
need help.”
California’s concerted effort to help these veterans, however,
dates back nearly three years, when the Armed Force
Retirees Association, the Vietnam Veterans of America
and other veterans groups won Governor Schwarzenegger’s signature on AB 2586, a groundbreaking law designed to give our most traumatized
soldiers a chance to confront and overcome the psychological
wounds of war. Under this alternative sentencing law,
a judge first determines if a defendant is suffering
from combat-caused post traumatic stress disorder (PTSD).
If he is, the judge can steer the defendant into a psychological treatment program rather than jail. Without treatment, many of our fallen heroes would find themselves trapped in an unending cycle of crime and punishment as they struggle with their inner demons.
Eight months ago, the U.S. Supreme Court faced this
issue and came down on the side of California’s law in a landmark ruling on the impact of combat
stress on veterans. In that case, the high court reduced
the death sentence of Korean War veteran George Porter
to life in prison. The Florida jury that sentenced
Porter to death in a murder case did not know he had
fought in some of the bloodiest battles of the war.
He came back a “changed and traumatized man,” the high court said. The sentencing jury would likely
have spared Porter from the death penalty if it had
known of his “horrifying” battlefield experiences, the justices said.
AB 2586 was the first bill in the United States that offered
alternative sentencing to combat veterans of all wars.
AB 2586 was cited by the Supreme Court in its ruling as evidence
that changes concerning veterans with PTSD were being
made by the judicial system.
This ruling is of major importance because it is the
first time the first Supreme Court has recognized the
long-term, traumatic impact of combat on our veterans. It
will undoubtedly be cited in many cases throughout
the nation. But the goal of California’s law is not to spare veterans from the death penalty
but to offer them the treatment that prevents their
trauma from escalating out of control as it did for
George Porter.
Perhaps if such a law was on the books when George
Porter returned from Korea, he would have gotten treatment
the first time he committed a minor crime, and not
only his life but those of his victims would have been
spared.
California has made a good start but the battle is
not won. This year, a coalition of veterans groups,
led by the Vietnam Veterans of America, is supporting
AB 1925 by Assemblywoman Mary Salas.
AB 1925 is a bill that would allow counties to establish courts
for veterans, just as there are other special courts.
Several counties, such as Orange, Santa Clara and San
Bernardino, have already established veterans’ courts.
AB 1925 would provide a framework for those counties that
wish to avoid the mistakes made by the legal system
during and after the Vietnam War and are still being
made today.
These are Americans who have volunteered to go in harm’s way in defense of freedom. They may not have shed
their blood in battle but they carry within them wounds
we cannot see, wounds that we must help them heal.
