Fresh Ideas Series → Evidence-Based Reform
United States veterans are a special breed of American, going into war zones when most people’s first inclination is to run away. Despite this, they proudly defend our country and at times pay a high price. When soldiers come home, their wounds are not always visible. They may be suffering from mental health disorders or brain trauma. As a result, the decision-making centers of their brain may be impaired, leaving them vulnerable to poor decision-making or criminal behavior. This essay explores findings from a 2016 report on U.S. veterans serving time in the prison system.

Summary

This piece examines 2016 data concerning incarcerated United States veterans, drawing on a Bureau of Justice Statistics report that provides demographic details including gender, ethnicity, average age, and the estimated total number of veterans currently serving time in prison. When considering both state and federal prisons, approximately half of male veterans are white, one quarter are Black, and one tenth are Hispanic.1

The Five Steps of the Criminal Justice System

The criminal justice system is composed of five parts.2 For veterans, the article focuses primarily on the corrections phase while providing insight into the backgrounds and life experiences that may have contributed to their incarceration. It is through this lens that the following critiques are examined.

Step 1 Entry into the System
Step 2 Prosecution and Pretrial Services
Step 3 Adjudication
Step 4 Sentencing and Sanctions
Step 5 Corrections

America Fails in Addressing Veterans with Mental Health Concerns

The primary takeaway from this data is America’s outright failure to provide resources to veterans who suffer from Post-traumatic Stress Disorder (PTSD). Veterans may also have suffered brain trauma or cognitive impairments that affect decision-making portions of their brain.4

15.7% Positive for PTSD

U.S. VA screening of deployed veterans found 15.7 percent tested positive for PTSD.3

28% Served in Iraq

Of male combat veterans in state and federal prisons, 28 percent served in Iraq and 16 percent in Afghanistan.

2 in 5 Vietnam Veterans

Two out of five male combat veterans in state and federal prisons served in Vietnam, a conflict particularly associated with long-term PTSD.

As many veterans may not receive appropriate post-service care and subsequently display violent behavior, mental health impacts should be taken more seriously when coupled with understanding a veteran’s criminal behavior, and should result in sentencing accordingly (Elbogen et al., 2014).5

American Veterans Deserve Alternative Court Options

A primary concern in reviewing this data is the prevailing stigma and misunderstanding of mental health issues in the United States, which forces people into standard court options when alternatives would be a better, less expensive fit.

The First Veterans Treatment Court 2008

The first veterans court was established in Buffalo, New York in 2008.6 Modeled after drug treatment and mental health courts, the goal is to offer an alternative to incarceration, giving veterans a chance to get better and stay out of jail.

It also ensures that veterans are connected to any programs, benefits, or services that can help them heal, while saving taxpayers money. Though largely recognized as successful, one issue that remains to be addressed is whether certain offense categories should be non-allowable, ensuring that certain felonies or cases involving family violence are not swept under the rug.

Alternative Courts Are Growing for Good Reason Perhaps due to backlog, the sheer number of incarcerated individuals, or growing recognition of the mental health crisis in the United States, alternative court options are becoming more common. Veterans treatment courts represent one of the clearest examples of evidence-based reform working in practice: they connect people to services they were already entitled to, reduce recidivism, and cost less than incarceration. The model exists. The question is whether courts and counties will use it.

Conclusion

Though they made significant sacrifices when serving their country, veterans, like anyone else, are not above the law. However, the painful circumstances of their situation must also be considered, balancing the scales of justice appropriately through veterans court programs. This stance ensures veterans receive the care they deserve for the cognitive wounds they suffered as a result of their combat experiences.

Does Michigan Have Veterans Treatment Courts?

Yes. Michigan has established veterans treatment courts in multiple counties. The Justice for Vets initiative maintains a national directory of veterans treatment courts. If you are a veteran or family member navigating the criminal justice system in Michigan, contact your county’s court administrator to ask whether a veterans treatment court is available in your jurisdiction.

References
1

Maruschak, L. M., Bronson, J., & Alper, M. (2021, March 25). Veterans in prison: Survey of prison inmates, 2016. Bureau of Justice Statistics. bjs.ojp.gov →

2

Bureau of Justice Statistics. (2021, June 3). The justice system. bjs.ojp.gov →

3

U.S. Department of Veterans Affairs. (2014, July 30). PTSD in Iraq and Afghanistan veterans. publichealth.va.gov →

4

What is a Veterans Treatment Court? Justice for Vets. (2017, April 20). justiceforvets.org →

5

Elbogen, E. B., Johnson, S. C., Wagner, H. R., Sullivan, C., Taft, C. T., & Beckham, J. C. (2014, May). Violent behaviour and post-traumatic stress disorder in U.S. Iraq and Afghanistan veterans. The British Journal of Psychiatry. ncbi.nlm.nih.gov →

6

Veterans Courts. NCSC. (2012, April 25). ncsc.org →

Related Reading — Clutch Justice
Supporting Veterans in the Criminal Justice System: Challenges and Solutions
Fighting to Survive: How PTSD Can Lead to Addiction
Fresh Ideas: Changing the Narrative on Criminal Justice
The Dangers of Stop-and-Frisk: Key Concerns and Issues with Police Policies
Twelve Overdoses in 24 Hours: Why Punishing Addiction in Prison Is Killing People
How to cite: Williams, R. (2023, February 22). How the Criminal Justice System Fails Veterans — And What Needs to Change. Clutch Justice. https://clutchjustice.com/2023/02/22/veterans-in-deserve-better/

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Last Update: March 19, 2026

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