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The Low Down

The latest news, updates and opinions from Maria and the team at M Downs. 

Protecting Jurors from Trauma

A pioneering trial is set to start this summer, providing increased Psychological support to jurors involved in criminal trials. The initiative which will be piloted in 15 courts across England and Wales, and last ten months, will offer jurors six free counselling sessions and 24/7 telephone support, advice and triage.


This comes after a report by Dr Noelle Robertson at the University of Leicester warns of the dangers of jurors facing trauma while performing their civic duty.


Jury service in the UK is a legal requirement and 350,000 people are called up each year in England and Wales. Many jurors complain of suffering from trauma and stress for months following the end of the trial. One juror who sat on the trial of the murder of five-year-old Logan Mwangi suffered nightmares and was signed off work for a month.


Jurors can be required to sit through cases involving abuse, violence and cruelty, and may be exposed to graphic evidence and testimony over several weeks or even months, such as in the murder trial of nurse Lucy Letby which took nine months.


Clinical Psychologist Dr Maria Downs, who specialises in the treatment of trauma explains;


"Vicarious trauma is something that we psychologists who work with personnel with jobs/volunteer roles with emergency services, the police force etc talk about a lot as vicarious trauma is a challenge facing those who are constantly exposed to trauma.


This type of trauma can lead to significant changes including intense feelings e.g. rage, sadness), becoming overly involved with patients, being preoccupied with thoughts about patients/incidents while not at work, cutting off, disconnecting and avoiding listening.

This can lead people to question their previous perspective regarding themselves and others, and the world in general.


Where a juror has experienced similar trauma to that of those within the proceedings this can lead to a intrusive recollections (in relation to their own experiences) and the reactivation of previous feelings, thoughts/beliefs and physical sensations."


Currently jurors experiencing emotional or psychological strain as a result of their involvement in criminal trials would have to contact their GP if they needed help. This can lead jurors to feel isolated and alone.


This is compounded by the confidentiality surrounding criminal cases, and the fact that jurors are not permitted to discuss the case outside of the court building, meaning their usual support systems are no longer in place. Dr Robertson's reports highlights the fear of being in 'contempt of court' when reaching out for help.


Dr Downs explains "Talking to trusted and supportive family, friends and/or colleagues plays a huge part in helping people to make sense of their experiences. Just knowing that others are there and are ready to listen plays such a crucial part in helping to reduce distress."


Furthermore, when a person serving on a jury has experienced previous trauma of a similar nature to that within the proceedings this may impact on their ability to fully take part in the court proceedings. Dr Downs explains how this happens "when what they are seeing and hearing reminds them of their own experiences and they may experience intrusive images, sounds, feelings, physical sensations, physiological responses in connection with their own experiences.


This will impact on their arousal levels which will make it hard for them to concentrate as the more primitive parts of the brain (the amygdala) will be overriding the part of the brain involved in thinking and planning (the frontal cortex) they will be unable to focus fully. if at all on events in the court room. They may become dissociated and disconnected from current events due to reliving or flashbacks to previous traumatic experiences". The research by the University of Leicester highlights how women jurors are more vulnerable, particularly if the trial covers material that resonates with their personal histories.


Dr Robertson said: "Recent research on post-traumatic stress disorder has revealed that it is not only victims of violence or crime that suffer trauma, but that those who interact with them may also be affected. If called to jury service, citizens of Britain, as well as the US and most Commonwealth countries, are obliged to serve and may be exposed to gruesome exhibits and harrowing stories, which, the study shows, can lead to traumatisation for some of them."


It is not just exposure to harrowing testimony and evidence that can cause distress to jurors, but the pressure and responsibility that comes from being part of a making decision making process that can impact the rest of someone's life. This may include decisions which impact an accused person's freedom, a victim's ability to get justice or the pressure to protect potential future victims.


There is currently no screening system in place to allow individuals to be excused from jury service, even if they have been victims of a similar crime themselves.


Justice Minister Mike Freer said:  


"Juries are the cornerstone of the criminal justice system, and sitting on a trial is rightly regarded as the ultimate responsibility of an honest, law-abiding citizen.

This pilot is an important step in assessing how we can best support jurors, who perform such a vital civic duty, often in complex, high-profile cases."


Sources:


'Report warns of jury service 'trauma' (2009, March 19) retrieved 6 June 2024 from https://medicalxpress.com/news/2009-03-jury-trauma.htm




We work with individuals, organisations, public services and the courts to provide evidence-based psychological solutions that help people to live better.

 

Our team of therapists and Clinical Psychologists are led by Consultant Clinical Psychologist Dr Maria Downs. Dr Downs founded M Downs and Associates in 2012, and since then the company has gained a reputation for uncompromising quality in the delivery of therapy, reports, education and assessments.

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