emotional triggers and judicial stress when dealing with difficult populations tom c. rawlings...

Emotional Triggers Emotional Triggers and Judicial Stress and Judicial Stress When Dealing with When Dealing with

Difficult PopulationsDifficult Populations

Tom C. RawlingsTom C. RawlingsJudge, Juvenile CourtsJudge, Juvenile CourtsMiddle Judicial CircuitMiddle Judicial CircuitSandersville, GeorgiaSandersville, [email protected]@sandersville.netwww.tomrawlings.comwww.tomrawlings.com

http://www.youtube.com/watch?v=S_AWJmnTgFc

Is This What We Do?Is This What We Do?

Questions, QuestionsQuestions, Questions

Do the parties in your court ever disgust Do the parties in your court ever disgust or frighten you?or frighten you?

Does what you hear in court ever bring Does what you hear in court ever bring up bad memories of your own up bad memories of your own experiences?experiences?

Do you ever find yourself Do you ever find yourself unaffectedunaffected while listening to horrendous, tragic while listening to horrendous, tragic testimony?testimony?

Questions, QuestionsQuestions, Questions

Have you ever found yourself hearing Have you ever found yourself hearing cases against people who have done cases against people who have done things that you’ve done or thought about things that you’ve done or thought about doing yourself?doing yourself?

Have your family and friends stopped Have your family and friends stopped asking what you’re doing in court for fear asking what you’re doing in court for fear you might tell them?you might tell them?

Do you consider Paris Hilton, Lindsay Do you consider Paris Hilton, Lindsay Lohan, Michael Jackson, and Brittney Lohan, Michael Jackson, and Brittney Spears normal?Spears normal?

Topics for DiscussionTopics for Discussion Emotional Triggers and Personal Style, Emotional Triggers and Personal Style,

and Difficult Personalities: How they and Difficult Personalities: How they Affect Your Thought ProcessesAffect Your Thought Processes

The Effects of Stress and Bias on The Effects of Stress and Bias on Decision-makingDecision-making

Vicarious Stress: Its Effects, Coping Vicarious Stress: Its Effects, Coping Strategies and Self-ChecksStrategies and Self-Checks

Sticking in There and Doing Your JobSticking in There and Doing Your Job

What you should leave with:What you should leave with: A better understanding of the dynamics of A better understanding of the dynamics of

personalities in court: yours and the personalities in court: yours and the parties’parties’

An understanding of how what happens in An understanding of how what happens in court can affect your decision-making and court can affect your decision-making and how what happens to your personally can how what happens to your personally can affect your court.affect your court.

Questions to ask yourself when Questions to ask yourself when considering whether you are giving a case considering whether you are giving a case the treatment it deserves.the treatment it deserves.

Coping skills to deal with the pressures of Coping skills to deal with the pressures of tough cases involving tougher parties.tough cases involving tougher parties.

Reinforcement of your ability to do your Reinforcement of your ability to do your job.job.

You’re not a Tabula RasaYou’re not a Tabula Rasa It’s expected that you will come to the It’s expected that you will come to the

bench with experiences, common bench with experiences, common sense, values, triumphs and failures.sense, values, triumphs and failures.

How do you ensure that you properly How do you ensure that you properly incorporate your life experiences into incorporate your life experiences into your decision-making without letting your decision-making without letting them lead you down the wrong path?them lead you down the wrong path?

One solution: You could use One solution: You could use algorithms and decision trees for algorithms and decision trees for everything you do.everything you do.

But I’m not a Machine!But I’m not a Machine!

1.1. People want to be liked and respected by People want to be liked and respected by others who are important to them.others who are important to them.

2.2. The desire to be liked and respected affects The desire to be liked and respected affects people’s behavior.people’s behavior.

3.3. Judges are people, too.Judges are people, too.

Lawrence Baum, Judges and Their Lawrence Baum, Judges and Their Audiences (Princeton University Press, Audiences (Princeton University Press, 2006).2006).

RENO (AP) — A manhunt was on Tuesday for a pawn shop owner who is charged with killing his estranged wife and wanted for questioning in the sniper shooting of a judge in their divorce case, police said.

The Judicial Decision-The Judicial Decision-making Cyclemaking Cycle

Judgment and Solution

Facts and Law

Stress

Decisional ShortcutsBiases

Perceptions

Personal HistoryPersonal Style

Emotional Triggers

Vicarious Trauma

The Judicial Decision-The Judicial Decision-making Cyclemaking Cycle

Judgment and Solution

Facts and Law

Stress

Decisional ShortcutsBiased Perceptions

Personal HistoryPersonal Style

Emotional Triggers

Vicarious Trauma

UnderstandImpact

UnderstandAnd Reduce

UnderstandAnd Minimize

Personal StylesPersonal Styles

Prison GuardPrison Guard AuthoritarianAuthoritarian Concerned about selfConcerned about self Command & ControlCommand & Control DemandsDemands Yells & ScreamsYells & Screams Ultimate goal is for kids to obey and complyUltimate goal is for kids to obey and comply Not interested in teachingNot interested in teaching Often impatient Often impatient Shallow or absent relationshipsShallow or absent relationships Sees rules or “the program” as the most Sees rules or “the program” as the most

important thingimportant thing Sees value in kids only in how they performSees value in kids only in how they perform Power is everythingPower is everything

From Brasler, “Working with Difficult Clients”From Brasler, “Working with Difficult Clients”


BuddyBuddy PermissivePermissive Concerned about selfConcerned about self Wants kids to like themWants kids to like them Confuses own desire to be liked with caring Confuses own desire to be liked with caring

about kidsabout kids No boundariesNo boundaries Wants to have “good relationships” with kids Wants to have “good relationships” with kids

instead of helping them to learninstead of helping them to learn Minimal or no setting of limitsMinimal or no setting of limits Often overidentifies with kidsOften overidentifies with kids Sometimes rescues or enables kidsSometimes rescues or enables kids Pleads and whines for kids “to behave”Pleads and whines for kids “to behave”

From Brasler, “Working with Difficult Clients”From Brasler, “Working with Difficult Clients”


Effective CounselorEffective Counselor Authoritative Concerned about self & kids Mostly concerned about helping kids to learn Firm boundaries Flexible with their time Patient Knows their limits, and works alongside

other adults as a team Believes that kids have strengths they can

use Empathetic Sets limits consistently and appropriately Works well with others

From Brasler, “Working with Difficult From Brasler, “Working with Difficult Clients”Clients”

Personality DisordersPersonality Disorders

Personality disorders are a maladaptive Personality disorders are a maladaptive pattern of how one deals with the world. pattern of how one deals with the world.

The person is still in touch with realityThe person is still in touch with reality They are competent to make poor They are competent to make poor

decisionsdecisions Tend to be inflexible in how they interact, Tend to be inflexible in how they interact,

but the reason is not due to a psychotic but the reason is not due to a psychotic belief.belief.

Used with Permission of David Walker, M.D., Departments of Psychiatry, Used with Permission of David Walker, M.D., Departments of Psychiatry, Mercer University and Emory University; Chief Forensic Psychiatrist, Central Mercer University and Emory University; Chief Forensic Psychiatrist, Central State Hospital, Milledgeville, GAState Hospital, Milledgeville, GA

Narcissistic PersonalityNarcissistic Personality

The Narcissistic personality is one who believes The Narcissistic personality is one who believes that only special people can really relate to that only special people can really relate to them. them.

Just because you are a judge doesn’t mean you Just because you are a judge doesn’t mean you are special enough.are special enough.

They may try to educate you on what you are They may try to educate you on what you are doing wrong.doing wrong.

The main point is that they are not psychotic The main point is that they are not psychotic and should be dealt with as anyone else would and should be dealt with as anyone else would be.be.

Used with Permission of David Walker, M.D., Departments of Psychiatry, Used with Permission of David Walker, M.D., Departments of Psychiatry, Mercer University and Emory University; Chief Forensic Psychiatrist, Mercer University and Emory University; Chief Forensic Psychiatrist, Central State Hospital, Milledgeville, GACentral State Hospital, Milledgeville, GA

Obsessive-Compulsive Obsessive-Compulsive PersonalityPersonality

Obsessive-Compulsive personality disorder Obsessive-Compulsive personality disorder individuals are likely to show a history of individuals are likely to show a history of not being able to function because they get not being able to function because they get lost in the detailslost in the details

They do not delegate because no one else They do not delegate because no one else can do it rightcan do it right

They cannot see the forest for the treesThey cannot see the forest for the trees They are not psychoticThey are not psychotic

Used with Permission of David Walker, M.D., Departments of Psychiatry, Used with Permission of David Walker, M.D., Departments of Psychiatry, Mercer University and Emory University; Chief Forensic Psychiatrist, Central Mercer University and Emory University; Chief Forensic Psychiatrist, Central State Hospital, Milledgeville, GAState Hospital, Milledgeville, GA

Antisocial PersonalityAntisocial Personality

Anti-social personality disorder Anti-social personality disorder Conduct disorder in childhoodConduct disorder in childhood Ongoing adult criminal behaviorOngoing adult criminal behavior Need limit setting and are at risk for acting Need limit setting and are at risk for acting

out because they do not care about the out because they do not care about the systemsystem

Likely to try to malingerLikely to try to malinger The most severe may be “psychopaths”The most severe may be “psychopaths”

Used with Permission of David Walker, M.D., Departments of Psychiatry, Used with Permission of David Walker, M.D., Departments of Psychiatry, Mercer University and Emory University; Chief Forensic Psychiatrist, Mercer University and Emory University; Chief Forensic Psychiatrist, Central State Hospital, Milledgeville, GACentral State Hospital, Milledgeville, GA

Paranoid PersonalityParanoid Personality

A paranoid personality will show a A paranoid personality will show a long history of paranoid beliefslong history of paranoid beliefs

Often you will need an evaluation to Often you will need an evaluation to differentiate them from a paranoid differentiate them from a paranoid schizophrenic.schizophrenic.

Expect a long history of paranoia Expect a long history of paranoia without hallucinations or delusional without hallucinations or delusional beliefsbeliefs

Used with Permission of David Walker, M.D., Departments of Used with Permission of David Walker, M.D., Departments of Psychiatry, Mercer University and Emory University; Chief Psychiatry, Mercer University and Emory University; Chief Forensic Psychiatrist, Central State Hospital, Milledgeville, GAForensic Psychiatrist, Central State Hospital, Milledgeville, GA

Borderline PersonalityBorderline Personality

Alternate between seeing people as all Alternate between seeing people as all good or all bad, situations as ideal or good or all bad, situations as ideal or disastrousdisastrous

Impulsive, paranoid, and unable to Impulsive, paranoid, and unable to control anger.control anger.

Chameleon-like personalityChameleon-like personality Unstable and intense personal Unstable and intense personal

relationships.relationships. DSM-IVDSM-IV

Borderline Personality Borderline Personality Disorder: Their TriggersDisorder: Their Triggers

Feeling people are unpredictableFeeling people are unpredictable Perceiving AbandonmentPerceiving Abandonment Feeling InvalidatedFeeling Invalidated Receiving CriticismReceiving Criticism Being Labeled and StigmatizedBeing Labeled and Stigmatized Being told to “Snap Out of It.”Being told to “Snap Out of It.”

Mason & Kreger, Mason & Kreger, Stop Walking On Eggshells: Taking Stop Walking On Eggshells: Taking Your Life Back When Someone You Care About Has Your Life Back When Someone You Care About Has Borderline Personality DisorderBorderline Personality Disorder 113-115 (New 113-115 (New Harbinger Publications 1998)Harbinger Publications 1998)

Emotional TriggersEmotional Triggers Scenario #1:Scenario #1:

The three year-old daughter of a single The three year-old daughter of a single mother who lives in subsidized housing mother who lives in subsidized housing dies after discovering and eating some dies after discovering and eating some “rock candy” (it was crack) that her “rock candy” (it was crack) that her sister found in a container on Mom’s sister found in a container on Mom’s dresser. The sister is removed to foster dresser. The sister is removed to foster care and the mother charged with the care and the mother charged with the child’s death.child’s death.

What analogies to your own life can What analogies to your own life can you find in this story?you find in this story?

Are they valid?Are they valid?


You’re covering a DV non-jury calendar. You’re covering a DV non-jury calendar. In walks a woman you’ve seen in your In walks a woman you’ve seen in your court on three prior occasions. As in court on three prior occasions. As in the past, she is applying for a TPO the past, she is applying for a TPO against her abusive husband. Last time against her abusive husband. Last time she swore to you she was going to a DV she swore to you she was going to a DV shelter and leave him. She presents shelter and leave him. She presents with visible facial bruises and says she’s with visible facial bruises and says she’s afraid he’ll hurt her or the children and afraid he’ll hurt her or the children and that’s why she hasn’t left.that’s why she hasn’t left.

Can you be fair? Why or why not?Can you be fair? Why or why not? What would you tell her? Why?What would you tell her? Why?


You’re holding a detention hearing on a 16 You’re holding a detention hearing on a 16 year-old you’ve seen twice before. He has year-old you’ve seen twice before. He has borderline IQ and, like the prior occasions, has borderline IQ and, like the prior occasions, has been charged with early-A.M. burglaries. The been charged with early-A.M. burglaries. The last time you ordered MH involvement. His last time you ordered MH involvement. His mother finally shows up an hour late, says she mother finally shows up an hour late, says she doesn’t know what to do with him, that his doesn’t know what to do with him, that his grandmama’s supposed to keep him. “I’m grandmama’s supposed to keep him. “I’m disabled and I can’t look after him,” Mama says.disabled and I can’t look after him,” Mama says.

Are you angry? At whom? Why or why Are you angry? At whom? Why or why not?not?

What do you say to these people, what do What do you say to these people, what do you do with them, and why?you do with them, and why?

Paging Dr. Judge!Paging Dr. Judge!

Trauma physicians are required to Trauma physicians are required to diagnose and treat very sick and injured diagnose and treat very sick and injured patients on whom they have little history patients on whom they have little history or information.or information.

Especially with the rise of drug courts and Especially with the rise of drug courts and therapeutic justice, the same can be said therapeutic justice, the same can be said of judges.of judges.

Therefore: Looking at medical decision-Therefore: Looking at medical decision-making should help us determine what we making should help us determine what we do right and wrong.do right and wrong. Jerome Groopman, M.D. Jerome Groopman, M.D. How Doctors How Doctors

Think.Think.

Stress and Decision-Stress and Decision-makingmaking

Yerkes-Dodson law on task Yerkes-Dodson law on task performance:performance: too little stress or too much stress, you too little stress or too much stress, you

won’t perform well.won’t perform well. ““Cognition and emotion are Cognition and emotion are

inseparable.”inseparable.” But: stress also causes us to take But: stress also causes us to take

analytical “short-cuts” that result in analytical “short-cuts” that result in the wrong “diagnosis.” the wrong “diagnosis.”

Shortcut errors: Shortcut errors: stereotypingstereotyping At a city hospital in the early 70s, a dirty At a city hospital in the early 70s, a dirty

young male patient passed out on museum young male patient passed out on museum steps is brought to E.R. semi-conscious steps is brought to E.R. semi-conscious and babbling. Doc assumes __________.and babbling. Doc assumes __________.

AttributionAttribution error: if patient fits a error: if patient fits a negative stereotype, it must be negative stereotype, it must be thatthat problem.problem.

In other words, people have an unjustified In other words, people have an unjustified tendency to assume that a person's tendency to assume that a person's actions depend on what "kind" of person actions depend on what "kind" of person that person is rather than on the social that person is rather than on the social and environmental forces that influence and environmental forces that influence the personthe person

Shortcut errors: Shortcut errors: stereotypingstereotyping

Representativeness errorRepresentativeness error Your thinking is guided by a Your thinking is guided by a

prototype, so you fail to consider prototype, so you fail to consider possibilities that contradict the possibilities that contradict the prototype and thus attribute your prototype and thus attribute your symptoms to the wrong cause.symptoms to the wrong cause.

Affective errorAffective error We prefer what we hope to the We prefer what we hope to the

less appealing alternatives.less appealing alternatives.

Shortcut errors: Shortcut errors: stereotypingstereotyping

““Be wary of `going with your Be wary of `going with your gut’ when what’s in your gut is gut’ when what’s in your gut is a strong emotion about a a strong emotion about a patient, even a positive one.”patient, even a positive one.”

Jerome GroopmanJerome Groopman

Shortcut errors: AvailabilityShortcut errors: Availability

At Cook County hospital, the last 10 men At Cook County hospital, the last 10 men who presented to the E.R. complaining of who presented to the E.R. complaining of trembling and smelling of alcohol had trembling and smelling of alcohol had D.T.’s.D.T.’s.

Therefore, the 11Therefore, the 11thth one has _______. one has _______.

AvailabilityAvailability error. error. the tendency to judge the likelihood of an the tendency to judge the likelihood of an

event by the ease with which relevant event by the ease with which relevant examples come to mind.examples come to mind.

Anchoring and Confirmation BiasAnchoring and Confirmation Bias

Anchoring Anchoring A shortcut in thinking where you don’t A shortcut in thinking where you don’t

consider multiple possibilities but quickly consider multiple possibilities but quickly and firmly latch onto one. and firmly latch onto one.

Confirmation biasConfirmation bias You confirm what you expect to find by You confirm what you expect to find by

selectively accepting or ignoring selectively accepting or ignoring information.information.

““Distortional pattern recognition.” Distortional pattern recognition.” Cherry-picking a few features, Cherry-picking a few features, rationalizing contradictory data.rationalizing contradictory data.

Anchoring and Confirmation BiasAnchoring and Confirmation Bias

Prostate cancer example.Prostate cancer example.

Surgeons, radiation therapists, and Surgeons, radiation therapists, and chemotherapists will each recommend the chemotherapists will each recommend the approach they know best.approach they know best.

A chance encounter with any one may guide A chance encounter with any one may guide patient to choose therapy of that discipline, patient to choose therapy of that discipline, which is a false choice. which is a false choice.

Groopman, 154Groopman, 154

DesensitizationDesensitization

How do you avoid becoming How do you avoid becoming desensitized to bad cases?desensitized to bad cases?

Implications for Court Implications for Court PracticePractice When we have strong negative reactions to When we have strong negative reactions to

people in our court, we are much more people in our court, we are much more likely to make a decision riddled by likely to make a decision riddled by attribution error.attribution error. ““Physicians who dislike their patients regularly Physicians who dislike their patients regularly

cut them off during the recitation of symptoms cut them off during the recitation of symptoms and focus on a convenient diagnosis and and focus on a convenient diagnosis and treatment.” – Groopman, 25treatment.” – Groopman, 25

When we have strong positive reactions, we When we have strong positive reactions, we are more likely to make a decision riddled are more likely to make a decision riddled by affective error and minimize the problem.by affective error and minimize the problem.

Implications for Court Implications for Court PracticePractice Handling too many tragic or Handling too many tragic or

emotionally overwhelming cases can emotionally overwhelming cases can result in availability error.result in availability error.

““Familiarity breeds conclusions and Familiarity breeds conclusions and contempt for alternatives.” contempt for alternatives.”

““Being quick and shooting from the Being quick and shooting from the hip are indications of anchoring and hip are indications of anchoring and availability.” availability.”

““Danger of being lulled by the Danger of being lulled by the monotony of the mundane.”monotony of the mundane.” --GroopmanGroopman

Implications for Court Implications for Court PracticePractice Practice humility: “I’m right Practice humility: “I’m right

because I usually am” is the cause because I usually am” is the cause of many errors.of many errors.

Don’t be afraid of uncertainty. Don’t be afraid of uncertainty. ““The denial of uncertainty, the The denial of uncertainty, the

proclivity to substitute certainty for proclivity to substitute certainty for uncertainty, is one of the most uncertainty, is one of the most remarkable human psychological remarkable human psychological traits.” traits.”

Jay Katz, physician who teaches at Yale Law: Jay Katz, physician who teaches at Yale Law:

Implications for Court Implications for Court PracticePractice Vary Caseloads! Dealing with the same Vary Caseloads! Dealing with the same

kind of cases all the time results in:kind of cases all the time results in: Monotony of the mundaneMonotony of the mundane Availability errorAvailability error Analytical shortcutsAnalytical shortcuts

GroopmanGroopman

Of course, we are encouraged to Of course, we are encouraged to specializespecialize!! One family, one judgeOne family, one judge Specialized docketsSpecialized dockets

Implications for Court Implications for Court PracticePractice

ShortcutsStereotypes

Biases

Practical examplePractical example

Belief Based on Personal Authoritarian Belief Based on Personal Authoritarian Style: Yelling works. Style: Yelling works.

Emotional Trigger: Those who argue Emotional Trigger: Those who argue back.back.

Scenario: Woman ordered to drug Scenario: Woman ordered to drug treatment insists loudly in court that she treatment insists loudly in court that she has no drug problem.has no drug problem.

Visceral Reaction: Visceral Reaction: Don’t you talk back to Don’t you talk back to me!me!

Practical examplePractical example

Decisional shortcut: Treatment for a Decisional shortcut: Treatment for a woman who yells at the Judge is for the woman who yells at the Judge is for the Judge to scold her, hold her in contempt, Judge to scold her, hold her in contempt, jail her.jail her.

Problem: She’s got a borderline Problem: She’s got a borderline personality, and you didn’t take the time personality, and you didn’t take the time to figure that out. to figure that out.

Implications for Court PracticeImplications for Court Practice Criteria for decisionmaking:Criteria for decisionmaking:

The judge should try to take the perspective of all The judge should try to take the perspective of all parties before the court prior to reaching a parties before the court prior to reaching a decision.decision.

The judge should try to remain open to the The judge should try to remain open to the newness of each case, even if it resembles newness of each case, even if it resembles previous ones, while also subjecting new previous ones, while also subjecting new understandings to scrutiny through comparison understandings to scrutiny through comparison with past experienceswith past experiences..

Minow and Spelman, “Passion for Justice,” 10 Cardozo L. Rev 37Minow and Spelman, “Passion for Justice,” 10 Cardozo L. Rev 37

Implications for Court PracticeImplications for Court Practice Criteria for decision-making:Criteria for decision-making:

The judge should not disguise how he or she The judge should not disguise how he or she actually reached the decision and should explain it actually reached the decision and should explain it not through post hoc justifications but also not through post hoc justifications but also through intuitions and reasons for selecting one through intuitions and reasons for selecting one justification over other possibilities.justification over other possibilities.

The judge should confront the difficulty of The judge should confront the difficulty of rejecting the arguments of a party.rejecting the arguments of a party.

The judge should acknowledge what it feels like to The judge should acknowledge what it feels like to have power over others.have power over others.

Minow and Spelman, “Passion for Justice,” 10 Cardozo L. Minow and Spelman, “Passion for Justice,” 10 Cardozo L. Rev 37Rev 37

A Question for You!A Question for You!

In what sort of cases do you rule In what sort of cases do you rule immediately, and in what sort of cases immediately, and in what sort of cases do you defer your ruling? Why? Do your do you defer your ruling? Why? Do your criteria for ruling from the bench vs. criteria for ruling from the bench vs. “getting back to you later” have anything “getting back to you later” have anything to do with the types of cases and your to do with the types of cases and your emotional reaction to them?emotional reaction to them?

Vicarious TraumaVicarious Trauma What is it?What is it?

““The transformation that occurs The transformation that occurs within the therapist as a result of within the therapist as a result of empathic engagement with clients’ empathic engagement with clients’ trauma experiences and their trauma experiences and their sequelae.”sequelae.”

Pearlman and Mac Ian, Vicarious Traumatization: An Empirical Study of Pearlman and Mac Ian, Vicarious Traumatization: An Empirical Study of the Effects of Trauma Work on Trauma Therapists, the Effects of Trauma Work on Trauma Therapists, Professional Professional PsychologyPsychology: Research and Practice 1995, vol. 26, no 6, 558-565: Research and Practice 1995, vol. 26, no 6, 558-565

Symptoms similar to PTSD:Symptoms similar to PTSD: cognitive (lack of concentration), emotional cognitive (lack of concentration), emotional

(anger anxiety, loss of empathy, sense of (anger anxiety, loss of empathy, sense of isolationisolation

Jaffe et al, “Vicarious Trama in Judges,” Fall 2003 Jaffe et al, “Vicarious Trama in Judges,” Fall 2003 Juvenile and Family Juvenile and Family Court JournalCourt Journal 1 (NCJFCJ). 1 (NCJFCJ).

Vicarious TraumaVicarious Trauma

What’s it got to do with me?What’s it got to do with me? In a 1997 study of sex offender case In a 1997 study of sex offender case

managers, 62% of respondents identified managers, 62% of respondents identified themselves as experiencing secondary themselves as experiencing secondary trauma including flashbacks, bad dreams, trauma including flashbacks, bad dreams, and intrusive images.and intrusive images.

More likely to have anxiety, depression, More likely to have anxiety, depression, and isolation, tended to view the world as and isolation, tended to view the world as less predictable than their colleagues, less predictable than their colleagues, including avoidance (of people, activities) including avoidance (of people, activities) and intrusion (nightmares, images)and intrusion (nightmares, images)

Rich, K. :Vicarious Traumatization: A Preliminary Study,” in S. Rich, K. :Vicarious Traumatization: A Preliminary Study,” in S. Edmunds (Ed) 1997, Edmunds (Ed) 1997, Impact: Working with Sexual AbusersImpact: Working with Sexual Abusers, Brandon, , Brandon, VT The Safer Society PressVT The Safer Society Press

Vicarious TraumaVicarious Trauma What’s it got to do with me?What’s it got to do with me? Help wanted! Applicants must be Help wanted! Applicants must be

willing to do the following:willing to do the following: Protect victims from sexual assaultProtect victims from sexual assault Hold sexual offenders accountable for their Hold sexual offenders accountable for their

actionsactions Investigate every detail of sex offenders’ livesInvestigate every detail of sex offenders’ lives Be exposed to the dark side of humanity on an Be exposed to the dark side of humanity on an

ongoing basisongoing basis Carry the burden of community safetyCarry the burden of community safety Risk personal and professional isolation andRisk personal and professional isolation and Run a high risk for secondary traumaRun a high risk for secondary trauma

Center for Sex Offender Management, Center for Sex Offender Management, Secondary Trauma and the Secondary Trauma and the Supervision of Sex Offenders: A Training Supervision of Sex Offenders: A Training Curriculum, available at Curriculum, available at http://www.csom.org/train/trauma/index.htmlhttp://www.csom.org/train/trauma/index.html


What’s it got to do with me?What’s it got to do with me? Study of 105 judges attending one of Study of 105 judges attending one of

four DV training seminars. Mean age four DV training seminars. Mean age 51; average experience 10 years51; average experience 10 years

63% of judges in the survey experienced 63% of judges in the survey experienced one or more short or long term VT one or more short or long term VT symptoms: sleep disturbances, symptoms: sleep disturbances, intolerance of others, physical intolerance of others, physical complaints, depression, or a sense of complaints, depression, or a sense of isolation.isolation.

More time on bench, more symptoms.More time on bench, more symptoms. Jaffe, supra.Jaffe, supra.


What’s it got to do with me?What’s it got to do with me?

An empirical study shows that those with a An empirical study shows that those with a personal history of trauma are more likely personal history of trauma are more likely to be affected by vicarious trauma.to be affected by vicarious trauma.

Pearlman and Mac Ian, “Vicarious Traumatization: An Pearlman and Mac Ian, “Vicarious Traumatization: An Empirical Study of the Effects of Trauma Work on Trauma Empirical Study of the Effects of Trauma Work on Trauma Therapists,” Therapists,” Professional Psychology: Research and Professional Psychology: Research and PracticePractice 1995, vol. 26, no 6, 558-565 1995, vol. 26, no 6, 558-565

Implications for Court Implications for Court PracticePractice

Vary Caseloads:Vary Caseloads:

Study of victim therapists: Clinicians who Study of victim therapists: Clinicians who had mixed caseloads (sexual assault and had mixed caseloads (sexual assault and non sexual assault) reported less vicarious non sexual assault) reported less vicarious

traumatrauma.. Cunningham, Maddy, Social Work Oct. 2003 v. 48#14 pp 451-459Cunningham, Maddy, Social Work Oct. 2003 v. 48#14 pp 451-459

But, again – we’re pushed to specialize!But, again – we’re pushed to specialize! Specialized docketsSpecialized dockets One family, one judgeOne family, one judge

Implications for Court Implications for Court PracticePractice Keep connected!Keep connected! Judges “work in isolation, they cannot Judges “work in isolation, they cannot

consult about a case, they see horrific consult about a case, they see horrific crimes, make weighty decisions and have crimes, make weighty decisions and have to keep their mouths shut about to keep their mouths shut about everything.”everything.”

-Isaiah Zimmerman.-Isaiah Zimmerman. A Study of Sexual Assault Advocates A Study of Sexual Assault Advocates

reports that having the opportunity to reports that having the opportunity to discuss problematic cases with discuss problematic cases with colleagues helps alleviate impact of VT.colleagues helps alleviate impact of VT.

Anderson, “Vicarious Trauma and Its Impact on Advocates, Therapists and Anderson, “Vicarious Trauma and Its Impact on Advocates, Therapists and Friends,” 612 Friends,” 612 Research and Advocacy DigestResearch and Advocacy Digest 1 (March 2004). 1 (March 2004).

Implications for CourtImplications for Court

Keep connected!Keep connected! Maryland “Judicial Alter Ego” program.Maryland “Judicial Alter Ego” program.

A cadre of attorneys is available to take A cadre of attorneys is available to take anonymous complaints from attorneys anonymous complaints from attorneys about obnoxious or inappropriate judicial about obnoxious or inappropriate judicial behavior and informally discuss it with the behavior and informally discuss it with the judge.judge.

Sending out anonymous “temperature-Sending out anonymous “temperature-check surveys” to attorneys.check surveys” to attorneys.


Develop a self-care plan to avoid Develop a self-care plan to avoid vicarious trauma!vicarious trauma!

Jaffe Jaffe survey of judges’ self-care plans:survey of judges’ self-care plans: Personal: Physical activity (80%); Rest and Personal: Physical activity (80%); Rest and

relaxation (74%); social contacts (65%).relaxation (74%); social contacts (65%). Professional: Attending workshops (60%); Peer Professional: Attending workshops (60%); Peer

support (53%); reading educational materials support (53%); reading educational materials (30%)(30%)

Societal: Public speaking on the role of the Societal: Public speaking on the role of the courts (41%); coordination of courts and courts (41%); coordination of courts and community service (37.6%); Court reform to community service (37.6%); Court reform to facilitate administration of justice (29.4%)facilitate administration of justice (29.4%)

My personal self-care planMy personal self-care plan


Don’t Be Afraid to Be Human!Don’t Be Afraid to Be Human! ““The judge who presides at a trial may, upon The judge who presides at a trial may, upon

completion of the evidence, be exceedingly ill completion of the evidence, be exceedingly ill disposed towards the defendant, who has been disposed towards the defendant, who has been shown to be a thoroughly reprehensible person. shown to be a thoroughly reprehensible person. But the judge is not thereby recusable for bias or But the judge is not thereby recusable for bias or prejudice . . .. As Judge Jerome Frank pithily put prejudice . . .. As Judge Jerome Frank pithily put it: "Impartiality is not gullibility. it: "Impartiality is not gullibility. Disinterestedness does not mean child-like Disinterestedness does not mean child-like innocence. If the judge did not form judgments of innocence. If the judge did not form judgments of the actors in those court-house dramas called the actors in those court-house dramas called trials, he could never render decisions."trials, he could never render decisions."

- - Liteky v. United StatesLiteky v. United States, 510 U.S. 540, 550-551 (U.S. , 510 U.S. 540, 550-551 (U.S. 1994)1994)


Stick in There and Do Your Job!Stick in There and Do Your Job! ““Bentley's attorney learned that Bentley, who is Bentley's attorney learned that Bentley, who is

currently incarcerated in the Mobile County jail currently incarcerated in the Mobile County jail while awaiting trial, had sent several letters to while awaiting trial, had sent several letters to Judge Thomas. The letters contained threats and Judge Thomas. The letters contained threats and included statements that Judge Thomas had "sold included statements that Judge Thomas had "sold [his] soul to Lucifer." One letter contained a dead [his] soul to Lucifer." One letter contained a dead lizard with the caption that "Judge Thomas would lizard with the caption that "Judge Thomas would die like his lizard spy.“ Bentley filed a motion for die like his lizard spy.“ Bentley filed a motion for Judge Thomas to recuse on the ground that Judge Judge Thomas to recuse on the ground that Judge Thomas was prejudiced against him because of the Thomas was prejudiced against him because of the threats contained in the letters.”threats contained in the letters.” Ex parte Bentley, 849 So. 2d 997, 997-998 (Ala. Crim. App. Ex parte Bentley, 849 So. 2d 997, 997-998 (Ala. Crim. App.

2002)2002)

Implications for CourtImplications for Court Stick in There and Do Your Job!Stick in There and Do Your Job!

““The actions of the defendant in striking his The actions of the defendant in striking his attorney and the trial judge were certainly attorney and the trial judge were certainly outrageous and called for extraordinary outrageous and called for extraordinary detachment on their part. Despite the gravest of detachment on their part. Despite the gravest of provocations the attorney and the judge, as we provocations the attorney and the judge, as we have observed, carried out their responsibilities have observed, carried out their responsibilities with professional competence and, considering with professional competence and, considering the circumstances, even grace. We cannot the circumstances, even grace. We cannot presume a failure of impartiality of a trial judge presume a failure of impartiality of a trial judge even under extreme provocation. Judges are even under extreme provocation. Judges are called upon to preside over the trial of onerous called upon to preside over the trial of onerous causes and persons. By definition, however, a causes and persons. By definition, however, a trial judge is required to ignore provocations trial judge is required to ignore provocations and pressures, whether public or from and pressures, whether public or from individuals.”individuals.”

People v. HallPeople v. Hall, 114 Ill. 2d 376, 407 (Ill. 1986), 114 Ill. 2d 376, 407 (Ill. 1986)

Implications for CourtImplications for Court Stick in There and Do Your Job!Stick in There and Do Your Job!

““[T]o suggest that they suffer from judicial stress is to [T]o suggest that they suffer from judicial stress is to cast them as victims. And what that will ultimately do cast them as victims. And what that will ultimately do is further diminish their public image, raising even is further diminish their public image, raising even more doubts about their ability to render judicious more doubts about their ability to render judicious and rational judgments. and rational judgments.

For years, judges have been getting trained to For years, judges have been getting trained to be more sensitive. A decade ago, the pressure was on be more sensitive. A decade ago, the pressure was on to make it mandatory for them to take sensitivity to make it mandatory for them to take sensitivity training so they would learn about the emotional training so they would learn about the emotional fragility of victims and their families. Some of us fragility of victims and their families. Some of us think that was a bad idea, that it shifted their focus think that was a bad idea, that it shifted their focus away from "facts" and too far into "feelings." What away from "facts" and too far into "feelings." What I'm wondering is whether we can afford to take them I'm wondering is whether we can afford to take them even further, sucking them into claiming their own even further, sucking them into claiming their own victimized status, training them to be sensitive to victimized status, training them to be sensitive to their own emotions. What will happen to our justice their own emotions. What will happen to our justice system if our judges become as self-absorbed as system if our judges become as self-absorbed as everyone else? everyone else?

Tana Dineen, “The victims in black robes,” Ottawa Citizen 8/20/02 avail at Tana Dineen, “The victims in black robes,” Ottawa Citizen 8/20/02 avail at www.tanadineen.comwww.tanadineen.com

emotional triggers and judicial stress when dealing with difficult populations tom c. rawlings...

Documents