For many people across the world, trauma is typically associated with war, natural disasters, or violence. However, one of the most overlooked sources of trauma is hidden in plain sight: involvement with the criminal justice system.
It doesn’t matter if someone is a defendant, an incarcerated person, a parolee, a family member of an impacted person, or even wrongfully accused; the experience of navigating arrest, trial, incarceration, and supervision can be psychologically damaging, bringing on Post-Traumatic Stress Disorder (PTSD), which can last long after the case has concluded.
The Psychological Toll of the System
The criminal justice system is built on punishment, control, and surveillance, often neglecting the mental health of those it processes. The stressors faced by individuals include:
1. Arrest and Detainment: A Shocking First Encounter
The moment of arrest, for many people, is often chaotic, violent, and disorienting. Physical restraint, threats from officers, and a loss of control over one’s body and choices trigger fight-or-flight responses. When you hear stories in the media about people running, it’s because fight-or-flight kicked in; their natural instincts detected a threat.
For many, this moment is the just the beginning. This can kick off hyper-vigilance, fear of law enforcement, and chronic anxiety. If you’ve ever been pulled over for a speeding ticket, you know the feeling; you likely get anxious when a cop is behind you in traffic, even if you’ve done nothing wrong.
From own experiences, I hate when people come over unannounced and ring my doorbell or knock on the door. It puts me into an instantly anxious state.
2. The Courtroom Experience: Psychological Warfare
Facing charges and attending court hearings create constant uncertainty and fear. Even with a plea bargain, things may not work out the way they’re supposed to, leading to many sleepless nights and what feels like endless worry.
Being publicly judged and at times, misrepresented in legal proceedings feels incredibly disempowering. Before that ever occurs, press releases have already impacted a person’s reputation and self-esteem.
The lengthy nature of trials and delays holds individuals hostage in a state of chronic stress, sometimes for years. Waiting for an appeal to finish is incredibly stressful. The hurry-up-and-wait of it all is its own kind of torture.
Secondary trauma can also be placed on people working within the system, making them susceptible to PTSD, too.
3. Incarceration: A Breeding Ground for Trauma
Prisons are hell; there’s no getting around it. Overcrowding, violence, and lack of privacy in jails and prisons contribute to extreme stress. Sadly, exposure to physical and sexual violence as well as drug use, is alarmingly common.
Incarcerated individuals experience constant hypervigilance for threats, either from fellow incarcerated individuals or corrections officers; they’re always on high alert in case something happens. This can permanently alter a person’s brain and their ability to process stress.
Basting a person’s brain in non-stop trauma is unpleasant and arguably, inhumane.
Solitary confinement, a common punishment in jails and prisons, is widely recognized as a form of psychological torture, contributing to severe depression, paranoia, and PTSD.
4. Probation and Parole: The Anxiety of Surveillance
Even after a case is “over” it’s never really over. Over 3.7 Million people in America are on some form of supervised release, and even slight offenses, perceived or real, can create a revolving door effect for the system. There is an ever-present fear of minor infractions leading to reincarceration. Individuals feel like they are under a microscope with constant surveillance, but can also face numerous collateral consequences, such as job and housing restrictions.
Many systems-impacted individuals experience institutionalization and struggle to reintegrate into society, feeling mentally trapped by the rules and punishments of the system.
PTSD Symptoms in Justice-Involved Individuals
Research has shown that formerly incarcerated individuals suffer from PTSD at rates comparable to combat veterans, and they may suffer from it well after incarceration is over.
Symptoms include:
✔ Flashbacks & Nightmares – Reliving traumatic experiences from arrests, trials, or time in jail.
✔ Hypervigilance & Anxiety – A constant state of alertness, fear of authority, and overreacting to perceived threats.
✔ Emotional Numbness – A survival mechanism that dulls emotions but also impairs relationships and personal growth.
✔ Depression & Hopelessness – Many feel permanently marked by their past, unable to escape the system’s shadow.
Individuals who have been incarcerated also suffer the risk of Post Incarceration Syndrome (PICS).
Breaking the Cycle: What Can Be Done?
- Trauma-Informed Justice Practices – To truly help communities and prevent recidivism, courts and correctional facilities must integrate mental health support into every stage of the legal process. Diversion Programs are also an important step in creating a trauma-informed system.
- Community-Based Support & Counseling – Peer support groups and therapy tailored for formerly incarcerated individuals can help manage PTSD symptoms.
- Policy Change & Sentencing Reform – Reducing mass incarceration and focusing on rehabilitation over punishment can prevent further harm.
- Public Awareness & Advocacy – Society cannot continue to ignore this problem; not when there are millions of people and subsequently, their loved ones being impacted. By acknowledging the long-term psychological damage caused by the criminal justice system, we can make strides and push for meaningful reform.
Final Thoughts
The justice system doesn’t just punish; it traumatizes.
If we as a society are serious about rehabilitation, reintegration, and reducing recidivism, about safer and happier communities, we must recognize the mental health crisis being created by harmful practices and mass incarceration.
A truly fair system would not leave individuals permanently in pain and disadvantaged; it would be healing them.
