Modern Australian
Men's Weekly

.

Criminal lawyers are regularly exposed to trauma — how can NZ's justice system look after them better?

  • Written by Yvette Tinsley, Professor of Law, Te Herenga Waka — Victoria University of Wellington

As many court visitors or news consumers will know, criminal law can be a mix of often horrific detail and seemingly dry procedure.

Our current system, based in large part on the English adversarial process, embraces notions of the rational and dispassionate nature of law. There is an expectation the criminal courts will take an objective – almost clinical – approach to the human condition.

Yet despite this reputation for objectivity, in reality the criminal law is steeped in emotion. Historically, moral concerns have been instrumental in deciding what behaviours we criminalise. Criminal cases – certainly those that are not minor – often document painful times in people’s lives.

This all means that criminal lawyers are regularly exposed to traumatic material and emotions. Their job requires them to work with graphic evidence and distressing testimony, from which they are expected to emotionally detach. And all with the knowledge that case outcomes will significantly affect the lives of complainants, defendants, their whānau and communities.

But over the past two years, there has been much talk of the need for transformative change of the criminal justice process. And the experience of criminal lawyers is surely a key factor in calls for greater humanisation of the criminal law as part of the ongoing reform process.

Judge's gavel and papers The criminal law strives to be rational and dispassionate, but ‘trauma is everywhere’. Shutterstock

The impact of working in criminal law

We know lawyers as a group are at higher risk of poor mental health as well as occupational stress and burnout. Yet there has been little research – and until now none based in New Zealand – that has qualitatively examined whether (and how) criminal lawyers’ work affects their emotional and psychological well-being.

There is even less research examining what we might do to address any negative outcomes for lawyers themselves and for the system as a whole.

Read more: The legal profession has a mental health problem – which is an issue for everyone

We are in the early stages of a project that hopes to provide an evidence base about emotional impact, vicarious trauma and well-being in the criminal courts. Our research aims to be a first step in understanding more about the impacts of working in the criminal law, in the hope of better supporting the profession and students entering it.

In the process, we want to increase understanding about how criminal lawyers try to preserve their own well-being, what methods are successful, and how they might manage emotions positively to improve their experience and outcomes at work.

Criminal lawyers are regularly exposed to trauma — how can NZ's justice system look after them better? Criminal lawyers are rarely offered professional debriefing or support by a psychologist. Shutterstock

‘Trauma is everywhere’

Under the umbrella of the project, one of our researchers has looked at the experiences of Crown prosecutors, who are exposed to some of the most violent and harmful criminal offending.

Prosecutors described several types of traumatic material and the emotional consequences, observing that “trauma is everywhere”. Written, visual and aural exposure to traumatic material is the norm, but face-to-face meetings with complainants are understandably the most difficult for prosecutors to manage and distance themselves from.

Prosecutors have a profound sense of responsibility for case outcomes and for larger problems of the criminal justice process, including over-representation of Māori as defendants and complainants. They feel professional inadequacy and guilt if they don’t secure convictions. They experience difficulties in dealing with cases that mirror their own personal trauma or have personal significance for them or their whānau.

Read more: Despair and depression at law school are real, and need attention

It was common for the prosecutors interviewed to report an inability to sleep, an increased sense of concern for the safety of themselves and their loved ones, and limited emotional capacity for personal relationships.

Prosecutors told us about coping mechanisms they use to help them maintain professionalism, such as setting emotional boundaries, creating a courtroom persona to ensure they do not show emotion, and even aspiring to become desensitised.

Good working relationships and self-care help protect their well-being. But what prosecutors told us about the pressures of their work, self-criticism and workplace culture all suggest much more needs to be done to address the impacts of working in the criminal law.

Read more: The law is a man's world. Unless the culture changes, women will continue to be talked over, marginalised and harassed

A safer process for all

Unlike other professions dealing with human trauma, criminal lawyers are very rarely offered professional debriefing or support by a psychologist. Different institutional and professional care needs to be explored, as do ways to prepare those entering the profession for the reality of criminal justice work.

To produce a robust set of findings that reflect the experiences of both prosecutors and defence counsel, we’re expanding the research we’ve already done by conducting further interviews over the coming months.

From this, we hope to make recommendations about changes that could be made in the profession and to its support structures. And from there, to consider the experiences of other criminal justice professionals, especially those who work in the criminal courts.

Criminal law is a profession whose inner workings remain largely invisible, until a high-profile case makes headlines. But maintaining a healthy workforce is integral to a responsive and safe criminal process for all.

If you are a legal professional working in the New Zealand criminal courts and would like to participate in this research, contact Yvette.Tinsley@vuw.ac.nz, Nichola.Tyler@vuw.ac.nz, or visit the Firesetting and Forensic Mental Health Lab for more information.

Authors: Yvette Tinsley, Professor of Law, Te Herenga Waka — Victoria University of Wellington

Read more https://theconversation.com/criminal-lawyers-are-regularly-exposed-to-trauma-how-can-nzs-justice-system-look-after-them-better-167625

When Grief Doesn’t Follow a Timeline

Grief rarely moves in a straight line. It doesn’t follow stages neatly, and it doesn’t respond well to pressure — especially the quiet pressure ...

Steel Plate And Its Role In Modern Construction And Manufacturing

A steel plate is one of those materials that quietly holds the modern world together. It does not demand attention, yet it supports bridges, buildin...

Understanding Fat Transfer to the Breast: What to Know Before Considering the Procedure

Surgical options for breast enhancement have evolved over time, offering different approaches depending on a person’s goals and body type. One opt...

What to Do When Your Car’s Side Window Is Broken

A shattered side window is more than an inconvenience. Whether caused by a break-in, road debris, or accidental impact, it leaves your vehicle exposed...

Shopify Web Development and Shopify Website Development for Scalable Online Stores

Choosing the right platform is a crucial decision for any online business, and Shopify web development has become a popular choice for brands that ...

How a Burleigh Heads Plumber Tests for Pipe Leaks

Pipe leaks can be deceptively difficult to spot. Some announce themselves with a steady drip under the sink, but many develop quietly behind walls, ...

What Local Businesses Should Expect from IT Services in Melbourne?

If you run a Melbourne business with roughly 7–100 staff, you have probably noticed something over the last couple of years. The IT problems got m...

How Professional Cleaning Improves Indoor Air Quality

Indoor air quality (IAQ) plays a crucial role in our health, comfort, and overall wellbeing. Australians spend nearly 90% of their time indoors-at hom...

Solar and Solar Battery Systems: Powering Smarter Homes in Victoria

As energy prices continue to rise and sustainability becomes a priority for Australian homeowners, more families are investing in Solar and Solar Ba...

Plumbing Emergency Melbourne: What to Do When Every Minute Counts

A sudden plumbing issue can quickly turn into a major disaster if not handled promptly. From burst pipes and overflowing toilets to leaking gas line...

Why Older Melbourne Homes Require Detailed Building & Pest Inspections

Older homes make up a large part of Melbourne’s housing stock. Victorian terraces, Edwardian houses, Californian bungalows, and post-war brick hom...

7 Essential Tips for Choosing Reliable Moving Services in Perth

Moving to a new home or office can be exciting, but it also comes with stress, planning, and plenty of decisions. One of the most important choices yo...

How to Find the Best Real Estate Agent Near You on the Central Coast

Choosing the right real estate agent can make a major difference to your final sale price, days on market, and overall experience. The Central Coast...

Unlock Durability And Beauty With Burnt Timber Cladding Solutions

Imagine a home or commercial space that not only stands the test of time but also tells a story through its very facade. In the world of architectur...

Offroad Caravans: Built for Adventure Beyond the Beaten Track

Australia’s vast and varied landscapes invite travellers to explore far beyond sealed roads and crowded parks. Offroad caravans are purpose-built ...

The Expert's Guide to Understanding Large Bore Steel Pipe Specifications

When it comes to infrastructure, construction, and various industrial applications, the choice of materials is paramount. Among the options availabl...

Preparing for Your First Trip to San Francisco in 2026

San Francisco has long occupied a particular place in the Australian imagination. It is compact yet complex, progressive but historic, and visually st...

Modern Office Painting in Australia - It's the Real Game Changer

Walk into any modern Australian office today and you'll be struck by the fact it's a whole different beast from the ones we grew up with. Gone are t...