Australia
Judicial Commission of NSW Handbook for Judicial Officers – the Trauma-Informed Court.
Useful guidance for a trauma-informed approach in the courtroom.
Courtroom experience | Reaction of trauma survivor | Trauma-informed approach |
|---|---|---|
Court officer handcuffs an individual without warning | Anxiety about being restrained; fear about what is going to happen. | Tell the court officer and individual you intend to remand them. Explain what is going to happen and when. “The officer is going to walk behind you and you will be handcuffed.” |
Judge remands one drug court participant for having a positive test but not another. They are both in the courtroom at the same time. | Concern about fairness; feeling that someone else is getting special treatment. | Explain for first participant, sobriety is a proximal goal and for the second it is not. Compare time in the program and progress in treatment. Explain gaol is a last resort and you hope participant will not give up on recovery. |
Individuals who are agitated or “acting out” are required to wait before speaking to the judge. | Increased agitation; anxiety; acting out. | Provide scheduling information so participants know what will be expected of them and when. Prioritise those who are especially anxious, may have the most trouble waiting, and be more likely to act out. |
A judge conducts a sidebar conversation with advocates. | Suspicion, betrayal, shame, fear. | Tell participant what is happening and why: “We have to discuss some issues related to your case. We just need a minute to do it on the side.” |
“Your test came back dirty” | “I’m dirty.” “There is something wrong with me.” | “Your drug screen showed the presence of drugs.” “Your drug test was positive.” |
“Did you take your meds today?” | “I’m a failure. I’m a bad person. No one cares how the drugs make me feel.” | “Are the medications your doctor prescribed working well for you?” |
“You didn’t follow the contract. You’re going to gaol. We’re done with you. There is nothing more we can do.” | “I’m hopeless. Why should I care how I behave in gaol? They expect trouble anyway.” | “Maybe what we’ve been doing isn’t the best way for us to support you. I’m going to ask you not to give up on recovery. We’re not going to give up on you.” |
“I’m ordering you to get a mental health evaluation.” | “I must be crazy. There is something wrong with me that can’t be fixed.” | “I’d like to refer you to a doctor who can help us better understand how to support you.” |
Merrin Wake, Understanding the impact of trauma (Webinar).
This webinar explains trauma informed care and practice for judicial officers.
International
Antonia Porter, In their words: domestic abuse support workers reflect on criminal justice and supporting survivors to thrive, Scriberia on Vimeo (2020)
This short animation outlines some of the findings in relation to encouraging trauma informed lawyering from Chapter 6 of Antonia Porter’s book Prosecuting Domestic Abuse in Neoliberal Times: Amplifying the Survivor’s Voice, Palgrave Socio-Legal Studies, Palgrave Macmillan (2020).
Australia
Judicial Commission of NSW Handbook for Judicial Officers – the Trauma-Informed Court.
Useful guidance for a trauma-informed approach in the courtroom.
Courtroom experience | Reaction of trauma survivor | Trauma-informed approach |
|---|---|---|
Court officer handcuffs an individual without warning | Anxiety about being restrained; fear about what is going to happen. | Tell the court officer and individual you intend to remand them. Explain what is going to happen and when. “The officer is going to walk behind you and you will be handcuffed.” |
Judge remands one drug court participant for having a positive test but not another. They are both in the courtroom at the same time. | Concern about fairness; feeling that someone else is getting special treatment. | Explain for first participant, sobriety is a proximal goal and for the second it is not. Compare time in the program and progress in treatment. Explain gaol is a last resort and you hope participant will not give up on recovery. |
Individuals who are agitated or “acting out” are required to wait before speaking to the judge. | Increased agitation; anxiety; acting out. | Provide scheduling information so participants know what will be expected of them and when. Prioritise those who are especially anxious, may have the most trouble waiting, and be more likely to act out. |
A judge conducts a sidebar conversation with advocates. | Suspicion, betrayal, shame, fear. | Tell participant what is happening and why: “We have to discuss some issues related to your case. We just need a minute to do it on the side.” |
“Your test came back dirty” | “I’m dirty.” “There is something wrong with me.” | “Your drug screen showed the presence of drugs.” “Your drug test was positive.” |
“Did you take your meds today?” | “I’m a failure. I’m a bad person. No one cares how the drugs make me feel.” | “Are the medications your doctor prescribed working well for you?” |
“You didn’t follow the contract. You’re going to gaol. We’re done with you. There is nothing more we can do.” | “I’m hopeless. Why should I care how I behave in gaol? They expect trouble anyway.” | “Maybe what we’ve been doing isn’t the best way for us to support you. I’m going to ask you not to give up on recovery. We’re not going to give up on you.” |
“I’m ordering you to get a mental health evaluation.” | “I must be crazy. There is something wrong with me that can’t be fixed.” | “I’d like to refer you to a doctor who can help us better understand how to support you.” |
Merrin Wake, Understanding the impact of trauma (Webinar).
This webinar explains trauma informed care and practice for judicial officers.
International
Antonia Porter, In their words: domestic abuse support workers reflect on criminal justice and supporting survivors to thrive, Scriberia on Vimeo (2020)
This short animation outlines some of the findings in relation to encouraging trauma informed lawyering from Chapter 6 of Antonia Porter’s book Prosecuting Domestic Abuse in Neoliberal Times: Amplifying the Survivor’s Voice, Palgrave Socio-Legal Studies, Palgrave Macmillan (2020).