Traumatic life experiences are common among those involved in the criminal justice system. This includes survivors, witnesses, criminal defendants, and convicts. How would it help if the justice system acknowledged this reality and worked to accommodate trauma sufferers? In other words, what are the advantages of a trauma-informed justice system?
Here, we explore what we mean by a trauma-informed justice system and its potential benefits. We also discuss how we can move towards a more trauma-informed system while overcoming future challenges.
If you’d like to hear from cutting-edge speakers on the movement toward trauma-informed justice and other relevant topics in the legal industry, be sure to register for ClioCon 2025.
What is a trauma-informed justice system?
A trauma-informed justice system is one that (1) recognizes the widespread trauma suffered by people interacting with the justice system and (2) actively accommodates those trauma survivors.
To better understand this concept, we should explore the nature of trauma and its prevalence in the legal system. Then, we can examine why there is a trend toward trauma-informed approaches in the legal system.
What is trauma and how is it related to the justice system?
Before we can explore a trauma-informed system, we must first understand what is meant by the term “trauma.” The definition offered by the Substance Abuse and Mental Health Services Administration (SAMHSA) is a good starting point—an event or circumstance resulting in physical, emotional, and/or life-threatening harm. There are a wide array of potential traumatic experiences, including abuse (physical, sexual, or emotional), child neglect, bullying, and domestic violence.
Three main types of trauma are generally recognized:
- Acute trauma resulting from a single traumatic event.
- Chronic trauma arising from prolonged exposure to traumatic events or environments over an extended period.
- Complex trauma involving multiple varied traumatic experiences, also over a lengthy time.
Research has shown a strong link between trauma and criminal behavior. Numerous studies have shown a higher prevalence of traumatic backgrounds in justice-involved individuals than in the general population. For example, studies have shown that 70 to 90% of juvenile offenders have experienced at least one type of trauma.
Why are trauma-informed approaches in the justice system gaining ground?
There is a growing recognition that the justice system fails to account for the trauma suffered by people encountering the system. Moreover, the system can actually retraumatize these individuals. The legal process can be intimidating, with many adversarial interactions. When added to the traumatic effect of prisons and jails, it is easy to see why a cycle of crime and violence can be the end result.
This is the reason for the growing trend toward trauma-informed justice. Many trauma-informed practices have already been implemented in court systems that deal with sensitive populations, such as juveniles or military veterans. Still, there is a long way to go in making these practices the widespread norm in all justice systems.
Benefits of a trauma-informed justice system
Even to the limited extent trauma-informed standards are in place within justice systems, we can already see the advantages.
Improved outcomes for trauma-affected individuals
A traumatic background can manifest itself in various negative ways. Post-traumatic stress disorder (PTSD) is one such manifestation, where the traumatic exposure has an emotional impact that impairs the individual’s functionality. Substance abuse is another common effect, along with chronic feelings of fear, anger, and alienation.
Now, imagine trauma-affected individuals engaging with the traditional criminal justice system. Courthouses are often confusing, difficult to navigate, and unwelcoming. Staff may not be helpful, and interactions with them may be perceived as adversarial. The combination of all these elements can be especially difficult for traumatized people.
When the legal system is less daunting, adversarial, and fear-inducing, trauma-affected individuals will be able to better navigate it. They will be better able to regulate their emotions and effectively participate in legal proceedings. This will lead to better outcomes for both the trauma-affected and the court systems by making it easier to dispense justice.
Reduced retraumatization
The legal system isn’t only difficult to navigate for the trauma-affected—it can actually result in retraumatization. Many interactions in modern court systems are cold and emotionless, while participants are forced to discuss painful experiences in an unwelcoming environment. Efforts to create a warmer court environment with less hostility will help reduce this ongoing risk of retraumatization.
Judge Victoria Pratt, a prominent advocate for criminal justice reform, shared how she fostered a more respectful and less hostile courtroom environment in her 2024 Clio Cloud Conference keynote:
- Engage with the defendants personally, asking them about their lives and their challenges.
- Ensure that the defendants feel heard and understood, working towards enhancing their trust in the legal system.
- Guarantee that the defendant always has a clear and transparent understanding of the process and the decisions affecting them.
- Offer alternative options, such as community service, counseling, or an introspective essay.
Judge Pratt’s tips are valuable not only for those working in the courts but also for lawyers and their staff. By humanizing the judicial process and helping individuals feel valued beyond their offenses or circumstances, legal professionals can foster a more respectful and effective practice.
Enhanced public safety
If the trauma-affected can better navigate the justice system, the long-term impact will be enhanced public safety. This is because the traditional justice system can contribute to a cycle of crime and violence among those who are involved in it. Break that cycle by introducing trauma-informed principles (which we dive into below):
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Secure your spotImplementing trauma-informed practices in the justice system
1. Courthouse
Some basic trauma-informed practices involve the structure of the courthouse itself. Courthouses are often difficult to navigate, even for experienced attorneys. Courts can work to provide:
- Accessible parking
- Adequate signage
- Friendly staff available to answer questions
- Private spaces for people to be alone and collect their thoughts, or speak with their attorney or family
2. Justice system personnel
All justice system personnel should receive training or education on trauma-informed practices. This includes judges and court personnel, but it also extends to law enforcement and correctional officers. The court system should also create and promulgate trauma-informed policies and procedures. These could include making court procedures clear, repeating important information, and minimizing loud noises.
3. Lawyers
Lawyers also have their part to play. Traditionally, the role of lawyers has been one of stoicism, with a focus on the legal principles and doctrines that are relevant to cases. This must change, for the legal profession is actually filled to the brim with emotions, both in civil and criminal settings. Business clients may stress over mergers, tax clients struggle to meet the demands of collections, and accident victims deal with pain and trauma.
The trauma-informed lawyer is a more effective advocate. They will be able to consider whether their clients are trauma-affected, adjust their approach accordingly, and minimize further trauma. In addition, the trauma-informed attorney can recognize the traumatic elements of legal proceedings they are involved in and navigate them more smoothly.
At the 2024 Clio Cloud Conference, criminal justice reform advocate Judge Victoria Pratt emphasized the crucial role of attorneys in a reimagined justice system. Since a lawyer is often their client’s first experience with the justice system, she stresses the importance of making them feel heard, respected, and treated with dignity. While technology such as AI will be critical in legal services, especially in increasing access to justice, it will never be able to replace the human touch.
What is a trauma-informed lawyer?
A trauma-informed lawyer is one who (1) realizes the value of a trauma-informed approach to lawyering, (2) has strategies for incorporating trauma-informed practices into their day-to-day work, and (3) implements those strategies.
Why law schools should teach trauma-informed practices to students
The best time to start learning about being a trauma-informed attorney is during the legal education itself. Law school is an effective environment for providing this training via coursework and workshops.
Institutions such as Columbia Law School and Stanford Law have already put these programs in place. These programs focus on the reasons a trauma-informed approach is important and actual techniques for implementation. In addition, these courses and workshops discuss an ongoing professional risk for many attorneys—secondary trauma, where supporting others through their trauma can create trauma of its own.
Challenges and future directions
One immediate challenge to trauma-informed justice is the array of systemic barriers to implementation. There are still widespread “tough-on-crime” attitudes that the justice system should remain punitive, cold, and harsh by design. Pushing back against these outdated views is one of the first steps in overcoming them.
Even when trauma-informed practices are implemented, they must be evaluated on an ongoing basis. Since a trauma-informed approach is fairly novel for most legal systems, there will be a learning curve as most courts and others involved in the justice system see what works (and what doesn’t). The justice system must be able to observe and adapt as needed.
The future path must include expanding trauma-informed approaches to different justice settings. There is already a trauma-informed trend in juvenile court and other legal settings involving uniquely vulnerable individuals, such as military veterans and mental health patients. This trend must expand to traditional criminal courts and eventually should reach the civil courts as well.
Final thoughts on a trauma-informed justice system
The justice system does not need to be so daunting for those affected by trauma. While many of the principles of a trauma-informed justice system may appear idealistic, they have already been incorporated into many courts. The challenge will be to expand trauma-informed approaches to all courts, while refining the principles over time for maximum effectiveness.
If you want to learn more about trauma-informed justice and other legal trends, attend ClioCon 2025, where the brightest minds in the legal industry have trauma-informed wisdom to share. Get your pass today.