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Untested assumptions: psychological research and credibility assessment in legal decision-making
1Centre for the Study of Emotion and Law, London, UK; j.herlihy@csel.org.uk.
Background:
Trauma survivors often have to negotiate legal systems such as refugee status determination or the criminal justice system.
Methods & Results:
We outline and discuss the contribution which research on trauma and related psychological processes can make to two particular areas of law where complex and difficult legal decisions must be made: in claims for refugee and humanitarian protection, and in reporting and prosecuting sexual assault in the criminal justice system.
Conclusion:
There is a breadth of psychological knowledge that, if correctly applied, would limit the inappropriate reliance on assumptions and myth in legal decision-making in these settings. Specific recommendations are made for further study.
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