---
title: Can PMS be used as a legal defense in court? | Niyora
description: No, the PMS legal defense has been unsuccessful in the United States and is unlikely to succeed in the future.
url: https://niyora.com/research/papers/premenstrual-syndrome-a-view-from-the-bench-1988/
---

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- Can PMS be used as a legal defense in court?

Review, 1988

# Can PMS be used as a legal defense in court?

No, the PMS legal defense has been unsuccessful in the United States and is unlikely to succeed in the future.

 Early or limited evidence

This is a legal review article, not a medical study

## What they did

This is a review article that examines arguments for and against using PMS as a complete or partial legal defense in the United States, including in insanity defense, diminished capacity defense, and as a mitigating factor in sentencing.

## What they found

The PMS legal defense has been unsuccessful in United States courts and is unlikely to succeed in the future.

## What it means for you

PMS should be studied and treated by medical professionals, not used as a legal defense. This was a legal review, not medical research on PMS itself.

## About the study

Original title Premenstrual syndrome: a view from the bench Authors Benedek EP Journal The Journal of clinical psychiatry Year 1988 Study design Review Read the paper [https://pubmed.ncbi.nlm.nih.gov/3058681/](https://pubmed.ncbi.nlm.nih.gov/3058681/)

## Topics

[Premenstrual syndrome (PMS)](https://niyora.com/research/topics/condition-pms/)[Legal and forensic](https://niyora.com/research/topics/life-area-legal-crime/)

Research tells you what helps on average. Niyora helps on the day it hits.

Calm down, see it another way, and decide what to say, with a PMS and PMDD app built by a doctor.

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