An Exploration of New Zealand Crown Prosecutors' Experiences of Working with Potentially Traumatic Material and Emotions in the Courtroom

Abstract

<p>The occupational exposure to trauma and its potential impacts among 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 working with potentially traumatic material (PTM), are arguably at heightened risk of vicarious trauma (VT) and the need to engage in emotional labour (EL). The current study qualitatively investigated New Zealand Crown prosecutors’ experiences of working with PTM and emotions in their role through three key research questions: 1) What are New Zealand Crown prosecutors’ experiences of working with PTM? 2) What sort of EL do Crown prosecutors experience, if any, through working in the criminal courts? 3) What factors in their personal and professional lives might exacerbate or alleviate VT symptoms? Nineteen Crown prosecutors from four Crown Solicitor firms across New Zealand participated in the study. The data was analysed using thematic analysis to identify recurring themes across datasets. Crown prosecutors outlined the various negative symptoms they experienced from their work-related exposure to trauma (VT), as well as the different workplace and personal factors that both protected and exacerbated such symptoms. Further, they described routinely and mandatorily engaging in EL to mask their emotions as a function of their professional duties. EL also doubled as a protective measure for Crown prosecutors in the difficulties they faced in their role. These findings add to the growing body of literature on legal professionals which has preliminarily indicated they are an at-risk population for the negative impacts of VT and EL, which can be significant and enduring. More research must be dedicated to this population to understand the unique etiological pathways for both consequences of working with PTM and ultimately, provide empirically-sound recommendations that proactively address these occupational risks.</p>

A qualitative examination of the experiences of defence lawyers in working with emotional material in the criminal law

“…In line with previous research, defence lawyers feel pressure from the industry to keep the law a rational, unemotional dispute (e.g. Flower, 2019;Kim, 2021;Lange, 2002;Maroney, 2011;Roach Anleu et al, 2016). This echoes previous research that highlighted criminal lawyers are dedicated to getting the best outcome for the defendant or complainant and strive for unemotionality to achieve these outcomes for the clients (e.g.…”

“…This echoes previous research that highlighted criminal lawyers are dedicated to getting the best outcome for the defendant or complainant and strive for unemotionality to achieve these outcomes for the clients (e.g. Flower, 2019;Kim, 2021). While working to meet these industry expectations, defence lawyers also acknowledged that they need to have empathetic concern and interest with clients.…”

“…Previous research with both criminal and civil legal practitioners found that feelings of sadness and anger were often experienced by lawyers when reviewing these materials (Weir et al, 2021). This was also found in a study with Crown prosecutors in New Zealand, where participants reported experiencing trauma symptoms from prolonged exposure to these materials (Kim, 2021). In addition, defence lawyers in Sweden reported feeling disgusted when reviewing certain types of case material (e.g.…”

“…This emotion work includes dealing with the emotions of others (e.g. Westaby, 2010) and their own emotions as they engage with potentially traumatic materials and distressed people (Kim, 2021;Weir et al, 2021).…”

“…This project forms part of a larger body of work undertaken to examine criminal legal professionals' experiences working with emotion and potentially traumatic material. A semistructured interview schedule (Appendix A) was utilised that had been developed as part of a previous master's thesis with Crown prosecutors (Kim, 2021). Several questions were changed, and some were added to make the schedule more relevant to defence lawyers and the specific study of emotions in the criminal justice system.…”