By The Honorable Margaret Bakker, Chief Judge, 48th Circuit Court (Allegan County)
There is no doubt that the horrific evidence sometimes presented in court can have an emotional impact on the listener. Secondary trauma is a frequent topic of conversation for those who work in the criminal justice system. As judges, we have the ability, throughout the course of an evidentiary hearing, trial, or sentencing, to debrief with our staff and colleagues about the evidence we hear. And as experienced listeners, we enter court with an emotional preparedness that can soften the blow to our mental health.
But consider the juror who has never experienced such trauma--directly or indirectly—through their personal life or occupation. For the first time, they might be hearing intimate details of sexual abuse, autopsy exams, violent assaults, or child abuse. They come to court without the emotional armor to help them cope with hearing about the very dark side of humanity. Unlike us, they can’t debrief throughout the trial.
In addition, they are repeatedly warned to not discuss the case with anyone; not even their family and friends, with whom they would typically debrief over a cup of coffee or cold glass of beer. Over the past 37 years as an assistant prosecutor and now circuit court judge, I have seen jurors cry during and after trials. Their emotions are often raw (see also The Trauma of Jury Duty, The Atlantic, 5/17/15, and The Hidden Horrors of Jury Duty, Psychology Today, 3/16/15).
At a recent meeting of Allegan County’s Coordinating Council on Domestic Violence (“Council”), we discussed a particularly disturbing case that involved significant, life-threatening injuries. The case, which resulted in a jury conviction of torture, was presented to the Council to illustrate some of the issues in a case of interpersonal violence. As the presiding judge in that case, I explained how visibly upset the jury was after the completion of the trial. I then asked: “How can we, as a system, assist jurors with the secondary trauma they experience?”
With assistance from an Allegan County Community Mental Health representative, the Council developed a handout for jurors about secondary trauma (attached at the end of this article). The handout explains what secondary trauma is and that they may feel tired, lethargic, or sad. It further explains that their response is normal and that help is available if symptoms are not relieved after a few days.
The brochure is a first step in helping our jurors process the experience of a trial. Next steps include creating access to mental health services if a juror cannot afford the service. In a nearby circuit court, a juror initiated litigation after being diagnosed with vicarious post-traumatic stress disorder following a murder trial. Ontario Courts instituted a Juror Support Program after a settlement with the Ministry of the Attorney General of Ontario and jurors are now advised of available counseling services after a trial; if requested, an assessment is conducted and referrals are made to agencies that are compensated by the court.
We must be mindful of the impact court proceedings may have on those who listen, including ourselves, court personnel, and jurors. It is the juror’s civic duty to appear for jury duty; it should be our duty to ease the trauma associated with this service.
