Premenstrual Stress Syndrome As A Defense In Criminal Cases

Premenstrual stress syndrome (PMS syndrome) is a disorder afflicting many women.' The symptoms of PMS syndrome include excessive thirst and appetite, bloating, headaches, anxiety, ,depression,irritability, and general lethargy. Diagnosis depends on the timing of the symptoms rather than on their type, number, or severity; not all patients experience all possible symptoms. The symptoms develop and increase in intensity from seven to fourteen days prior to the onset of menses and disappear rapidly thereafter. PMS syndrome can range in severity from mild to incapacitating, in both a physical and psychological sense. Recently, in England, female defendants in separate criminal actions successfully pleaded diminished responsibility or mitigating circumstances by establishing that they suffered from PMS syndrome. It has been reported that France also recognizes PMS syndrome as a form of legal insanity. The use of PMS syndrome as the basis for a diminished capacity defense in England, and increased research and awareness of the syndrome...

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