The article discusses the application of polyvagal theory in capital defense cases, emphasizing its role in understanding trauma and the autonomic nervous system's responses. It highlights how this framework allows attorneys and clinicians to advocate more effectively for defendants by contextualizing their experiences of trauma rather than perpetuating narratives of moral failure. The article notes that many capital defendants operate in states of hyperarousal or numbed collapse, complicating their presentation in court. By leveraging polyvagal theory, legal professionals can reshape life histories into compelling narratives that foster empathy and understanding.
To advocate for life in a capital defense case is to stand in the stillness between punishment and possibility. It invites attorneys to speak the language of survival physiology.
Polyvagal theory, developed by Stephen Porges, offers an indispensable lens for understanding how the body bears witness to trauma—and how the autonomic nervous system becomes both a record and a defense.
When applied to capital mitigation, polyvagal theory provides a blueprint—a structured, embodied, and compassionate framework that transforms how we construct the life history of the accused.
Understanding the dynamics of the autonomic nervous system allows legal professionals to cultivate empathy and dismantle damaging narratives of pathology in the context of capital crimes.
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