Understanding and Accounting for the Most Common Trauma-Related Issues Facing Judges, Juries and Attorneys

Judges, juries and attorneys regularly report that trauma is one of the most challenging issues to clearly understand and manage. Trauma occurs along a spectrum, and trauma diagnoses only capture a part of the diverse ways trauma affects the legal system. Judges, attorneys, victims, witnesses and evaluators often have their own trauma histories that greatly affect their perceptions and decision-making. How do we navigate this complex landscape of traumas as court professionals and trauma evaluators? How do we ensure that trauma is considered equitably and inclusively?

• That trauma may be understood categorically by a diagnosis, or dimensionally by factors that together do not meet diagnostic criteria but affect functional impairment
• How to recognize when historical trauma or secondary traumatic stress (STS) has affected their own behavior and decision-making, including their compliance with the Code of Professional Responsibility
• The best techniques to help those affected by trauma feel safe and comfortable reporting their experiences
• How to create a legal environment that is trauma-responsive while ensuring procedural fairness and due process.