“Wading through the worst that humanity does to each other”: New Zealand Crown prosecutors’ experiences of working with potentially traumatic material in the criminal justice system

Abstract

IntroductionOccupational exposure to trauma and its potential impacts on legal professionals working in the criminal justice system is an area that has historically been neglected and has only gained traction in recent years. Crown prosecutors, as a subset of practising criminal lawyers in New Zealand, are arguably at heightened risk of vicarious trauma (VT) due to their occupationally distinct exposure to potentially traumatic material (PTM). However, no research to date has explored the experiences of this group of working with PTM.MethodsThis qualitative study aimed to explore New Zealand Crown prosecutors’ experiences of working with PTM. Nineteen Crown prosecutors from four Crown Solicitor firms across New Zealand participated in individual semi-structured interviews. The data was analysed using reflexive thematic analysis.ResultsThree themes were developed that described Crown prosecutors’ experiences of work-related exposure to trauma: trauma is everywhere, enduring effects of PTM exposure, and coping in the moment. These findings add to the growing body of literature on legal professionals’ work-related wellbeing and highlights how they are an at-risk population for VT, which can be significant and enduring.DiscussionFurther research is needed to understand the unique etiological pathways for both the consequences of working with PTM and effective ways to reduce this occupational risk for legal professionals working in the criminal law.

The privilege and the pressure: judges’ and magistrates’ reflections on the sources and impacts of stress in judicial work

“…The irreducible human need for down-time, reflection time and an ebb-and-flow of workload pressure is borne out by decades of international empirical research (Sonnentag et al., 2023 ; Wong et al., 2019 ). This research has demonstrated the detrimental impact of long working hours on physical health (Bannai & Tamakoshi, 2014 ; Sparks et al., 1997 ) and mental health (Afonso et al., 2017 ; Virtanen et al., 2011 ; White & Beswick, 2003 ); it has also demonstrated the benefits of regular breaks to productivity and energy levels at work (Kim et al., 2023 ; Korpela et al., 2016 ). Previous research similarly confirms the limited utility of wellbeing-focused education in the absence of workload reduction and organisational reform (Giga et al., 2003 ; Sonnentag et al., 2023 ).…”

"I can't unsee the things I've seen": Exploring Police Prosecutors' Experiences of Engaging with Potentially Traumatic Materials

“…The limited body of qualitative research has focused on the specific impacts of PTM exposure on wellbeing (Burns et al, 2008;R. Kim, 2021;R. Kim et al, 2023;Parkes et al, 2019b;Te Miha, 2023;Weir et al, 2021).…”

“…The criminal justice process is well recognised as being steeped in emotion and trauma (James, 2020;R. Kim et al, 2023;Ko & Memon, 2022;Ravera, 2022).…”

“…Kim et al, 2023;Ko & Memon, 2022;Ravera, 2022). Legal professionals, including registrars, lawyers and members of the judiciary, regularly encounter trauma through interacting with vulnerable and emotional individuals (R. Kim et al, 2023;O'Sullivan et al, 2022;Ravera, 2022), and through reviewing evidence such as witness statements and graphic visual materials (Birze, Regehr, & Regehr, 2022b;R. Kim et al, 2023;Kimpel, 2021;O'Sullivan et al, 2022;Ravera, 2022;Weir et al, 2021).…”

“…There have been few qualitative studies to date that have examined lawyers' experiences of working with PTM and wellbeing, particularly those working in the criminal law. However, over recent years there has been an increase in research that connects attitudes toward emotion and wellbeing within the legal profession, through experiences of working with PTM, and that explores the wellbeing impacts of working within the criminal law, especially across Australasia (R. Kim, 2021;R. Kim et al, 2023;Ravera, 2022;Te Miha, 2023;Weir et al, 2021Weir et al, , 2022.…”