10 Issues Faced by Veterans in the Criminal Justice System
Veterans comprise approximately 8% of the total U.S. prison population, according to national estimates. That’s around 70,000 individuals—many of whom are dealing with trauma-related conditions that went untreated long before arrest. Despite their service, these men and women often return to civilian life only to find themselves isolated, misjudged, or criminalized. The criminal justice system isn’t built for their experiences, and it shows.
1. Untreated PTSD and Mental Health Conditions
Many veterans in jail or prison struggle with undiagnosed post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), or depression. A study cited by the Department of Justice found that nearly 40% of veterans in jail showed signs of a mental health condition. These issues often begin during service but worsen when access to care is cut or delayed. Without treatment, symptoms escalate into crisis-level behavior, sometimes resulting in arrest instead of support.
2. Substance Use Disorders as Self-Medication
After deployment, some veterans turn to alcohol or drugs to manage nightmares, chronic pain, or anxiety. Unfortunately, substance use is still treated like a crime in many courts. According to Time magazine’s feature on justice-involved veterans, this pattern—self-medicating after military service—often marks the beginning of a cycle of arrest, incarceration, and release without treatment.
3. Lack of Trauma-Informed Policing
Police are often the first to respond when a veteran is in crisis, but few departments train officers to recognize military trauma. Escalations during arrest are common, especially for those suffering flashbacks or paranoia. Without trauma-informed practices, officers may misinterpret a veteran’s behavior as aggression, which can lead to force or incarceration instead of a mental health referral.
4. Gaps in Legal Representation and Advocacy
Most public defenders lack military-specific training. This means judges and juries may never hear about a defendant’s combat history, PTSD, or transition struggles. Veterans accused of crimes deserve advocates who understand how trauma influences behavior, but those are rare.
5. Limited Access to Veterans Treatment Courts
Veterans treatment courts aim to divert former service members out of jail and into treatment. But these courts are only available in about half of the U.S. counties. According to the AP, even in states like Nebraska, where progress is being made, access depends on geography and the nature of the offense. Many veterans are left behind.
6. Incarceration in Facilities Without Veteran Services
Most prisons and jails don’t offer VA coordination, trauma recovery groups, or peer support for incarcerated veterans. In these environments, mental health often declines. Isolation, lack of purpose, and loss of structure mirror the post-discharge void that many veterans describe—and for some, the result is suicide or long-term institutionalization.
7. Barriers to VA Benefits During and After Incarceration
VA benefits are often suspended when a veteran is incarcerated in jail or prison. They may be downgraded or delayed after release, which affects access to healthcare, housing, and income. Incarcerated veterans must reapply for services, sometimes from scratch, while navigating parole or reentry challenges.
8. Discharge Status Discrimination
Veterans with “bad paper”—such as other-than-honorable discharges—are often excluded from VA services. This includes many with service-connected trauma who were discharged for behaviors rooted in PTSD. According to Time, these veterans are among the most vulnerable but are routinely denied support.
9. Reentry Challenges Without a Support Net
Returning to civilian life after incarceration is hard enough. For veterans, it can mean trying to rebuild with no housing, no job prospects, and limited healthcare. The stigma of both incarceration and military trauma weighs heavily. According to a 2022 AP report, some veterans reoffend simply because there’s no system in place to catch them when they fall.
10. Lack of Coordinated Care Between VA, Courts, and Corrections
There’s no universal system to identify veterans when they enter the justice system. VA staff may not even know when one of their patients is in jail. This communication gap prevents timely intervention, case planning, and reentry support. Without coordination, veterans fall through the cracks.
Justice-involved veterans aren’t asking for a free pass. But they deserve a system that understands their unique background and provides care, not just punishment. Expanding veterans treatment courts, improving legal advocacy, and ensuring that benefits and mental health care are protected before and after incarceration are critical steps. These men and women served their country. It’s time the system served them too.
Sources:
Time – Too Many U.S. Veterans End Up Behind Bars