Mental Illness Creates Eligibility for a Lower Sentence
United States of America
PLAINTIFF
V.
Jane Doe
DEFENDANT
United States District Court
District Court of Massachusetts
Criminal Action - Judge Trial Demanded
No. 03-10032-JLT
United States Attorney: Michael J. Sullivan
Assistant US Attorney: Mark J. Balthazard
Boston, MA
Defendant Attorney: Martin K. Leppo
Leppo & Leppo
15 South Main St.
Randolph, MA 02368
Defendent Expert Witness: Harold J. Bursztajn, M.D.
Associate Clinical Professor, co-Director
Program in Psychiatry & the Law
96 Larchwood Drive
Cambridge, MA 02138
Case Description:
Tax Evasion
Decision:
Departing downward from the applicable guideline sentencing range of 15-21 months to a sentence of 2 years probation with the first 6 months to be served in home confinement. The Courts stated ground for departure was a finding that defendant suffered from diminished capacity.
Dr. Harold Bursztajn testified that defendant suffered from diminished capacity and complex PTSD (vs. simple PTSD) which often presents itself in compulsive self-destructive behavior.
See Eligibility for Downward Departure Requires More than Mental Illness for a different departure of the law in a criminal matter. Mental Health Law, February, 2004.
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