1
|
Fine A, Snider KM, Miller MK. Testing the model of judicial stress using a COVID-era survey of U.S. federal court personnel. PSYCHIATRY, PSYCHOLOGY, AND LAW : AN INTERDISCIPLINARY JOURNAL OF THE AUSTRALIAN AND NEW ZEALAND ASSOCIATION OF PSYCHIATRY, PSYCHOLOGY AND LAW 2024; 31:381-400. [PMID: 38895725 PMCID: PMC11182057 DOI: 10.1080/13218719.2024.2343091] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Subscribe] [Scholar Register] [Received: 12/21/2023] [Accepted: 04/10/2024] [Indexed: 06/21/2024]
Abstract
Non-judicial court personnel, critical to a well-functioning justice system, experience overloaded dockets and the responsibility of making significant decisions, contributing to cognitive stress. Understanding and mitigating their stress is essential for maintaining judicial efficiency. We adapted Miller and Richardson's Model of Judicial Stress to assess stress in a broad sample of non-judicial court personnel (n = 122), including judges, lawyers, and administrative staff. Participants responded to surveys about their stress levels, job performance, and health; they also completed cognitive performance tasks. The findings indicated that stress negatively affected employee outcomes including cognitive performance, job performance, job satisfaction, and health outcomes. Notably, perceived job performance had declined compared to the previous year, suggesting that the pandemic was an additional significant stressor. Based on the data, the Model of Judicial Stress is also applicable to other types of courtroom personnel, underlining its relevance across various judicial roles.
Collapse
Affiliation(s)
- Anna Fine
- Interdisciplinary Social Psychology PhD Program, University of Nevada, Reno, NV, USA
| | - Katie M. Snider
- Interdisciplinary Social Psychology PhD Program, University of Nevada, Reno, NV, USA
| | - Monica K. Miller
- Interdisciplinary Social Psychology PhD Program, University of Nevada, Reno, NV, USA
- Department of Criminal Justice, University of Nevada, Reno, NV, USA
| |
Collapse
|
2
|
Schrever C, Hulbert C, Sourdin T. The privilege and the pressure: judges' and magistrates' reflections on the sources and impacts of stress in judicial work. PSYCHIATRY, PSYCHOLOGY, AND LAW : AN INTERDISCIPLINARY JOURNAL OF THE AUSTRALIAN AND NEW ZEALAND ASSOCIATION OF PSYCHIATRY, PSYCHOLOGY AND LAW 2024; 31:327-380. [PMID: 38895730 PMCID: PMC11182077 DOI: 10.1080/13218719.2024.2335913] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Download PDF] [Figures] [Subscribe] [Scholar Register] [Received: 10/03/2023] [Accepted: 03/14/2024] [Indexed: 06/21/2024]
Abstract
There is growing evidence that judges and magistrates experience both high stress and high satisfaction in their work; however, the subjective experience of judicial stress and the cultural and professional factors shaping that experience remain largely unexamined. This qualitative study builds upon earlier quantitative research with the Australian judiciary, by exploring judges' and magistrates' perceptions of the sources and impacts of judicial stress and their ideas for court responses. Thematic analysis of 59 in-depth interviews with judicial officers from five Australian courts revealed eight themes pertaining to the better understanding and management of occupational stress within the judiciary. Implications for courts and individual judicial officers are discussed.
Collapse
Affiliation(s)
- Carly Schrever
- Melbourne School of Psychological Sciences, University of Melbourne, Melbourne, VIC, Australia
| | - Carol Hulbert
- Melbourne School of Psychological Sciences, University of Melbourne, Melbourne, VIC, Australia
| | - Tania Sourdin
- Newcastle Law School, University of Newcastle, Newcastle, NSW, Australia
| |
Collapse
|
3
|
Scott R, Freckelton I. Vicarious trauma among legal practitioners and judicial officers. PSYCHIATRY, PSYCHOLOGY, AND LAW : AN INTERDISCIPLINARY JOURNAL OF THE AUSTRALIAN AND NEW ZEALAND ASSOCIATION OF PSYCHIATRY, PSYCHOLOGY AND LAW 2024; 31:500-522. [PMID: 38899325 PMCID: PMC11185848 DOI: 10.1080/13218719.2024.2339323] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Subscribe] [Scholar Register] [Received: 12/11/2023] [Accepted: 03/06/2024] [Indexed: 06/21/2024]
Abstract
The term 'vicarious trauma' refers to a range of cumulative and harmful effects from exposure to the trauma of others and is now recognised as a category of causation in the diagnostic criteria of post-traumatic stress disorder. Legal practitioners may be exposed to the risk of harm from vicarious trauma in a number of occupational contexts. This article reviews recent case authority, including a 2023 prosecution of Court Services Victoria for failing to provide a safe workplace in the Coroners Court of Victoria and the High Court decision in Kozarov v Victoria (2022) and the Victoria Court of Appeal decision in Bersee v Victoria (2022). It considers measures that should be taken to provide a workplace for both legal practitioners and judicial officers that is as safe and without risks to health as is reasonably practicable.
Collapse
Affiliation(s)
- Russ Scott
- West Moreton Prison Mental Health Service, Brisbane, QLD, Australia
- School of Medicine, University of Queensland, Brisbane, QLD, Australia
| | - Ian Freckelton
- Castan Chambers, Melbourne, VIC, Australia
- Law Faculty, University of Melbourne, Parkville, VIC, Australia
- Department of Forensic Medicine, Monash University, Melbourne, VIC, Australia
| |
Collapse
|
4
|
Schrever C, Hulbert C, Sourdin T. Where stress presides: predictors and correlates of stress among Australian judges and magistrates. PSYCHIATRY, PSYCHOLOGY, AND LAW : AN INTERDISCIPLINARY JOURNAL OF THE AUSTRALIAN AND NEW ZEALAND ASSOCIATION OF PSYCHIATRY, PSYCHOLOGY AND LAW 2021; 29:290-322. [PMID: 35755152 PMCID: PMC9225743 DOI: 10.1080/13218719.2021.1904456] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/15/2023]
Abstract
Recent research on the nature, prevalence and severity of judicial stress in Australia has revealed a considerable burden of stress placed upon the judicial system. This article builds upon this research by exploring the demographic and workplace factors associated with elevated stress among Australian judicial officers. A survey of 152 judicial officers from 5 Australian courts found that judicial stress - operationalised as non-specific psychological distress, depressive and anxious symptoms, burnout and secondary traumatic stress - was predicted by satisfaction of the basic psychological needs of autonomy, competence and relatedness. The only demographic variable found to be reliably associated with judicial stress was jurisdiction: compared with judicial officers in the higher jurisdictions (i.e. judges), those in the summary jurisdictions (i.e. magistrates) reported significantly higher levels of stress and significantly lower levels of basic psychological needs satisfaction. Implications and areas for future research are discussed. Alcohol use and dependence was not associated with levels of stress or needs satisfaction.
Collapse
Affiliation(s)
- Carly Schrever
- Melbourne School of Psychological Science, University of Melbourne, Melbourne, Australia
| | - Carol Hulbert
- Melbourne School of Psychological Science, University of Melbourne, Melbourne, Australia
| | - Tania Sourdin
- Newcastle Law School, University of Newcastle, Newcastle, Australia
| |
Collapse
|
5
|
Iversen S, Robertson N. Prevalence and predictors of secondary trauma in the legal profession: a systematic review. PSYCHIATRY, PSYCHOLOGY, AND LAW : AN INTERDISCIPLINARY JOURNAL OF THE AUSTRALIAN AND NEW ZEALAND ASSOCIATION OF PSYCHIATRY, PSYCHOLOGY AND LAW 2021; 28:802-822. [PMID: 35694647 PMCID: PMC9176334 DOI: 10.1080/13218719.2020.1855270] [Citation(s) in RCA: 2] [Impact Index Per Article: 0.7] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/01/2023]
Abstract
There has been increased scrutiny of occupations that less obviously experience adverse impacts from indirect exposure to trauma. In legal professions, repeated exposure to clients who have experienced trauma comprises a significant part in the role of lawyers, attorneys, solicitors and judges. The current review aimed to explore the prevalence and risk factors of secondary trauma reported by such legal professionals. A systematic search using seven psychological and legal databases elicited 10 articles for review. Quality appraisal revealed several methodological frailties in the reviewed articles. Thus, the findings should be interpreted with caution. Results indicated comparatively high prevalence of secondary trauma in legal professionals, and highlighted predictors and correlates of secondary trauma (gender, work experience, personal trauma and level of exposure). The review emphasised significant variability between the studies making systematic comparisons challenging, as well as the need for further conceptually consistent and scientifically robust studies.
Collapse
Affiliation(s)
- Stine Iversen
- Department of Neuroscience, Psychology and Behaviour, University of Leicester, Leicester, UK
| | - Noelle Robertson
- Department of Neuroscience, Psychology and Behaviour, University of Leicester, Leicester, UK
| |
Collapse
|
6
|
Xie F, Wang X, Zhao Y, Wang SD, Xue C, Wang XT, Chen YX, Qian LJ. Inverse Correlation Between Distress and Performance in the Medical Rescuers Against COVID-19 in Wuhan. Front Psychiatry 2021; 12:563533. [PMID: 34248686 PMCID: PMC8264201 DOI: 10.3389/fpsyt.2021.563533] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Download PDF] [Figures] [Journal Information] [Submit a Manuscript] [Subscribe] [Scholar Register] [Received: 05/19/2020] [Accepted: 05/20/2021] [Indexed: 11/13/2022] Open
Abstract
Background: During the COVID-19 pandemic, the Chinese government had transferred many medical rescuers to Wuhan, which provided effective support in disease control. The high-intensity working and mental stress during rescue could induce distress and negatively impact the performance of rescuer afterward. Materials and Methods: To identify the characteristics of stress load and its possible effects on performance, the study surveyed 90 medical rescuers in Wuhan using a mobile phone-based self-rated questionnaire. Results: The results showed an existence of universal but mostly mild distress in rescuers. About 95.6% of the participants reported that they had at least one symptom of distress, whereas, the median scores were <30 (100 as max). Compared with civilian rescuers, a higher proportion of working with immediate virus contact was found in military medical rescuers (P = 0.008); however, no statistical differences of stress load were found between civilians and militaries. The rescuers with positive cognition or good psychological preparation were found having lower stress loads than other rescuers. An inverse correlation between the stress load and performance (R = -0.24, P = 0.023) and a positive correlation between social support and working performance (R = 0.349, P = 0.001) were found in our survey, suggesting the possible negative effects of stress and the beneficial effects of social support on performance. Conclusion: Our study indicated that more attention should be paid to the distress of medical rescuers against COVID-19. Positive cognitions, good psychological preparations, and sufficient social support would be necessary to reduce the distress and improve the performance in COVID-19 rescue.
Collapse
Affiliation(s)
- Fang Xie
- Department of Stress Medicine, Institute of Basic Medical Sciences, Academy of Military Medical Sciences, Beijing, China
| | - Xue Wang
- Department of Stress Medicine, Institute of Basic Medical Sciences, Academy of Military Medical Sciences, Beijing, China
| | - Yun Zhao
- Department of Stress Medicine, Institute of Basic Medical Sciences, Academy of Military Medical Sciences, Beijing, China
| | - Shi Da Wang
- Department of Stress Medicine, Institute of Basic Medical Sciences, Academy of Military Medical Sciences, Beijing, China
| | - Cong Xue
- Department of Stress Medicine, Institute of Basic Medical Sciences, Academy of Military Medical Sciences, Beijing, China
| | - Xiao Tian Wang
- Department of Stress Medicine, Institute of Basic Medical Sciences, Academy of Military Medical Sciences, Beijing, China
| | - Yu Xin Chen
- Department of Stress Medicine, Institute of Basic Medical Sciences, Academy of Military Medical Sciences, Beijing, China
| | - Ling Jia Qian
- Department of Stress Medicine, Institute of Basic Medical Sciences, Academy of Military Medical Sciences, Beijing, China
| |
Collapse
|