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A Historic Opportunity to Update Asylum Law's Outdated Assumptions About Trauma and Memory

Asylum law often assumes memory is infallible, but trauma, stress, and culture can cause inconsistencies in stories. This misunderstanding leads to unfair denials, particularly for child and adolescent asylum seekers.

traumamemorycredibilityimmigrationmental healthasylum law
(2021)

How Trauma May Magnify Risk of Involuntary and False Confessions Among Adolescents

Most youth in the U.S. juvenile justice system have experienced trauma and often have PTSD. Research suggests a link between trauma exposure and false confessions, especially for adolescents who are more vulnerable.

adolescentjuveniletraumainterrogationconfession
(2021)

Predisplacement Abuse and Postdisplacement Factors Associated With Mental Health Symptoms After Forced Migration Among Rohingya Refugees in Bangladesh

Rohingya refugees in Bangladesh experience high rates of posttraumatic stress symptoms due to predisplacement abuse and ongoing camp stressors. This highlights the urgent need for mental health support.

PTSDrefugeeBangladeshabusepre and post displacement
(2021)

Nelson v. Davis

The court rejected an ineffective counsel claim regarding evidence of childhood trauma but allowed a claim about failure to investigate other potential participants in a murder.

ineffective counselchildhood traumaPTSDpsychopathyviolencemurderfailure to investigate
(2020)

Andrus v. Texas

The Supreme Court ruled a lawyer failed to investigate and present evidence of a client's childhood trauma and mental illness. It sent the case back to Texas for further review.

mitigating evidencechildhood neglectfamily violencemental illnesstraumayouth incarceration
(2020)

Burr v. Department of Corrections

The court found a due process violation in 22 months of solitary confinement used to pressure an inmate. It ordered relief and limited such coercive segregation.

due process violationssolitary confinementcoercive segregationprolonged segregationhuman rightsprisoner's rightslegal precedent
(2020)

Wells v. State

The court affirmed a death sentence, despite testimony connecting childhood trauma and brain abnormalities to violent behavior. Challenges to excluded mitigation evidence were rejected.

Death sentence upheldmitigation evidencechildhood traumadevelopmental traumabrain abnormalitiesviolent behaviorcapital punishment
(2020)

State v. Kinney

The Vermont Supreme Court found rape trauma syndrome evidence admissible to explain victim behavior. However, testimony minimizing false reports was ruled improper credibility bolstering.

rape trauma syndromevictim behaviorDaubertfalse rape reportscredibilityexpert testimonylegal evidencesexual assaultevidence
(2020)

Brief of 21 Amici Curiae Groups Interested in Domestic Violence Issues and Women's and Immigrants' Rights, In Support of Petitioner

The brief argues a domestic violence survivor should receive immigration relief. It claims her past crime should be re-evaluated considering her mental state and coercion, and that she faces a high risk of torture if returned to Mexico.

domestic violencewithholding of removalimmigration judgesdangerousnessmental healthtrauma
(2020)

Brief of National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Appellant and Reversal

The brief argues that capital defense lawyers must fully investigate all potential mitigating evidence, including childhood abuse. It contends Gary Terry's lawyers failed this duty, not presenting readily available evidence of his abuse.

Capital defensemitigating evidencedeath penaltychildhood abusebrain damageneurological dysfunctionpenalty phase strategy
(2020)

Violence Exposure, Affective Style, and Stress-Induced Changes in Resting State Functional Connectivity

Childhood violence exposure can negatively affect adult psychological functioning, leading to increased anxiety and depression. This is partly due to stress-induced changes in brain regions involved in emotion regulation.

childhood stressresting-state functional connectivitystressviolenceviolence exposurebrain connectivityemotion regulation
(2020)

Ethical and Professional Considerations in the Forensic Assessment of Complex Trauma and Dissociation

Exposure to traumatic events is common, and forensic psychologists frequently encounter individuals with trauma histories in legal cases. Ethical practice is crucial when evaluating these individuals, especially those with complex trauma.

ethicstraumacomplex traumadissociationforensiccivil litigationpersonal injury
(2020)

Towards Trauma-Informed Legal Practice: a Review

Many lawyers experience trauma through their work, leading to unrecognized well-being issues and potential harm. Adopting a trauma-informed approach can help lawyers overcome stigma and build resilience.

burnoutindirect traumapost-traumatic stress disordersecondary traumaself-carestigmasupervisiontrauma-informedvicarious traumawell-being
(2020)

Affective Working Memory Capacity in Refugee Adolescents

Trauma-exposed adolescent refugees with PTSD showed poorer working memory when presented with trauma-related images, but not neutral ones. This suggests trauma can affect memory processing in specific contexts.

refugee adolescentsPTSDtraumaworking memorycognitive functioningaffective processing
(2020)

Post-Migration Factors and Mental Health Outcomes in Asylum-Seeking and Refugee Populations: a Systematic Review

Forcibly displaced people experience higher rates of mental health disorders, particularly PTSD, anxiety, and depression. Post-migration stressors like legal status and unemployment significantly impact their psychological well-being.

post-migrationmental healthasylumrefugeeforced migration
(2020)
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