Can Emotional Trauma Influence Decision-Making? A Court Evaluation Perspective
The effects of emotional trauma on a person can have profound effects on the person, often exceeding what an outside observer perceives. The emotional effects of a traumatic event can dictate how an individual thinks, acts, and remembers events long after the trauma takes place. Some people might have chronic emotional alertness, while others may be impulsive, numb to feelings, fearful, withdrawn, or have difficulty trusting their judgment because of trauma. When a person experiences trauma that relates to a case being heard in court, courts may misinterpret some of the emotional responses to the trauma. Courts often need to evaluate the individual’s mental state, emotional functioning, and/or past traumatic experience to establish how these factors influenced the way the individual behaved or acted at a specific time. Mental health evaluations are a critical component of this process.
Court-ordered mental health evaluations do not ease the blame or provide protection from legal consequences for individuals who have caused harm; they exist for a better understanding of how emotional trauma may have had a psychological impact on an individual and whether or not those impacts contributed to problematic behaviours. Trauma responses are often more than meets the eye and can be complicated.
Trauma Changes the Way the Mind and Body Respond
Trauma has a lasting impact on both emotional and physical functioning. After experiencing abuse, violence, a serious accident, neglect, loss, or something else, the nervous system can remain in a continual state of survival mode. As a result, the brain is focused on protecting the individual, detecting threats, and using emotional defences; therefore, there is less emphasis on using calm, rational thought processes and making decisions.
Different people react differently in stressful situations; some may become reactive and impulsive when they perceive a threat or when they’re feeling too much emotion. Others may freeze when experiencing conflict, have difficulty thinking through a conflict, or may avoid conflict because they are afraid, and may find it hard to process information in a high-pressure situation.
Trauma itself can also negatively affect memory function. Someone experiencing high levels of emotional distress may only remember portions of an event, or may have difficulty remembering all of the details in the correct order. This doesn’t mean that they are lying; it means that traumatic experiences change the way the brain organizes memories, which affects the ability to focus and regulate emotions. As a result, the brain may not be able to put together a timeline of events in a logical way after the experience has been completed.
Due to trauma, some people will be extremely alert. The body senses that there is danger even when there is no real danger. Many times, people who are considered traumatized experience anxiety, panic attacks, emotional detachment from themselves and others, depression, and panic. These symptoms can make it difficult to think clearly in an emotional moment.
People unfamiliar with trauma psychology may find the traumatic responses to be confusing when they see them in legal contexts. Some people may seem to have an emotional detachment while discussing their traumatic experiences; others may seem very emotional or chaotic as they process their trauma during the discussion about it. Through the administration of mental health assessments, the courts can develop a better understanding of these varied responses in a more psychologically insightful manner.
Why Mental Health Evaluations Matter in Court?
A mental health evaluation informs about a person’s emotional and psychological functioning. Evaluators will do a complete assessment of any possible history of trauma, the way the trauma affected the person as they currently emotionally regulate their emotions, how they view their environment or make decisions, and how they behave as a result of those factors.
In most instances, evaluations will consist of interviews with the individual receiving service, assessments of their psychological functioning, and a review of their medical and mental health background, including record reviews. Evaluators will usually assess for trauma symptom patterns, emotional responses, ability to cope with life situations, and daily functioning of the individual.
It is important to note that it is not the purpose of an assessment to determine if a person has been traumatized. Many people have been traumatized, but they do not engage in problematic or illegal behavior. Rather, the assessment will consider how the symptoms of trauma may have affected a person’s actions, reactions, judgment, and or emotional functioning in relation to the events at issue in the court case in which they are presently engaged.
For example, if a person experiences unresolved trauma, they may become hyper-reactive in conflicts because their nervous systems register emotional threat more quickly than other people’s systems. An individual who has been emotionally abused for a long period of time may struggle to make judgments based on fear alone or to establish healthy boundaries. A person who has sustained trauma for an extended period of time may act impulsively in moments of panic or emotional overwhelm.
Courts use mental health evaluations to differentiate between intentional manipulation and valid psychological suffering. Because of how emotional trauma manifests itself, those who do not understand the patterns of emotional survival may not recognize or understand the often unusual and/or contradictory responses produced by trauma. Evaluations are a very important component of building an appropriate understanding of trauma, rather than relying solely on surface impressions. Family court, domestic violence, criminal court, personal injury, and any other situation requiring an understanding of emotions as related to behavioral activities can benefit from the use of mental health evaluations.
Understanding Trauma Does Not Remove Responsibility
Recognizing trauma does not mean people don’t have personal accountability. Courts still place a high value on safety, legal accountability, and the consequences of your actions. Giving context that helps you understand why some behavior or decision was made due to emotional trauma is useful.
When humans behave, it tends to be determined by multiple factors. Emotional suffering, fearfulness, long-term stress, victimization, neglect, and trauma often shape how a person will act when being placed under stress. By conducting psychological assessments to determine mental health, the courts can focus on these types of emotional influences and evaluate them objectively, rather than making presumptions based on one’s outer appearance.
This is very important to know, as trauma survivors can often be misunderstood. For example, someone who appears to be angry might actually be afraid, while a person who is really emotionally withdrawn might show a lack of emotion as they have become emotionally numb as a way to cope. Some individuals may avoid making eye contact, have difficulty expressing themselves, or may become emotionally overwhelmed while being questioned because of what they perceive to be an intimidating legal process.
Trauma can affect children and teenagers differently compared to adults. If children and teens experience instability, violence, or emotional trauma, they may show signs of impulsive behaviour, emotional outbursts, withdrawal from social situations, and have problems making safe decisions. These behaviours can be related to an emotional development that has been negatively impacted by stress and anxiety. A mental health evaluation reminds the court that emotional situations can strongly influence a person’s behaviour. They will help move the legal system towards understanding the psychological processes experienced by individuals beyond a simplistic view of human behaviour, and towards a broader understanding of mental processes.
The foundation of evaluations recognizes that emotional trauma exists. The impact of this type of trauma may not be readily observable. However, the impact of an emotional trauma can affect your ability to make decisions, feel emotions, interact with others, and behave long after the trauma itself has ended. It is essential to have a thoughtful and responsible understanding of these types of impacts to ensure fairness, accuracy, and compassion as part of the legal system’s process.
