Secondary trauma and victimization, also known as vicarious victimization, are not foreign to prosecutors, advocates, and other members of the criminal justice system providing support services to victims or assisting in case preparation during the prosecution of homicides, capital litigation cases, and other crimes. Feelings of stress, burnout, and physical and emotional exhaustion can and do happen, often with what seems to be no warning. Even neutral feelings may be an indicator of a coping mechanism (The Vicarious Trauma Toolkit, 2024). It’s time to tackle the reality of vicarious victimization with information that will assist in the identification, provide tools to help get one through, and ways to build support within agencies.
Colleen Hendricks, and Randall Udelman of the AZ Victim Rights Law Group, began the presentation and explained the importance of having a peaceful background for this webinar introduction. Self-care is essential in the field of criminal justice, and it is often a conversation disregarded, avoided, or sometimes even masked with poor coping mechanisms due to the high-paced demand for the adjudication of complex homicide cases. There are less than 10 years of research regarding vicarious trauma and its impact on members of the criminal justice system. Legal professionals are impacted by the interactions of their victims’ trauma, but not as likely to understand and manage their symptoms as someone in the mental health profession (Hodge, 2021). The short of vicarious victimization is, “hazardous consequences of empathetic engagement.” This is not just for prosecutors but for a long list of all members involved in the criminal justice system, including victim advocates, first responders, etc. Prosecutors and other staff members working on homicide cases, preparing and interacting with victims, internalize and revisit the trauma in their case preparation ultimately affecting body and mind. Homicide and capital litigation cases can remain on a prosecutor’s desk for extended periods of time until the completion of the case. Even then, opportunities to revisit the case file, and interact with the victims continue to exist.
Legal professionals are impacted by the interactions of their victims’ trauma, but not as likely to understand and manage their symptoms as someone in the mental health profession (Hodge, 2021).
Trauma-informed care is a framework for helping people who have experienced trauma. Specifically, when an individual has researched what happens to the mind and body and has learned the methods, communication, resources, etc. to assist a person that has experienced trauma and allows them to cognitively work through the trauma. This is essential when working with crime victims and next of kin, but is difficult information to process. While working with and supporting victims, there must be consideration of yourself and the impact of the victim’s trauma. Lawyers have obligations through professional codes of conduct and local and state rules, but the question remains, “Do you look at the prosecution of cases through a trauma-informed lens?” While many lawyers may not consider the impact of their cases, PTSD is evident in prosecutors because of working with victims of trauma. Without proper self-care regiments and attention, these may show up in a variety of physical, emotional (and occupational), cognitive & intellectual, or relational & social symptoms. One must recognize these symptoms that can show up in the work environment within yourself or other members of your team.
When working with victims, you (as lawyers, prosecutors, victim advocates, etc.) do not necessarily provide them closure. Closure comes from within. It is ok to empathize with the victims and members impacted by the trauma, but prosecution teams must maintain boundaries and stick to the things we can, such as provide assistance, options, support, and resources as victims move forward.
There can be stress from within the criminal justice system that can show up in a variety of ways. “In the legal profession, logic dominates over feelings, which tend to be treated with suspicion” (Jenkins, 2013). While a prosecutor may want facts to avoid empathy, or not have to cope with the trauma of their victims, they must familiarize themselves with their own well-being. Well-being is essential to members of the criminal justice system . There is a national movement, “National Task Force on Lawyer Well-Being” as well-being is observed to be a challenge throughout the country when dealing with victims of trauma.
Resilience is a continual process. It’s always evolving, just like science.
Resilience is a continual process. It’s always evolving, just like science. Can you admit when you’re having a fragile moment? Do you handle yourself with care as you would a precious antique or treasure? Do you have a community to support you? Can you be comfortable asking for help? Taking care of yourself is essential because the criminal justice system needs people who are working on their growth and health to render support to victims.
Taking Action
Finally, proactive symptom management is essential to begin working toward your health, including activities that support your body and mind like working out, walking, getting outside, spending time with family and friends, or simply doing things that positively affect you and bring you joy. Remember how valuable you are.
If you’re interested in this topic, join us on Friday, December 13th at 3PM EST for our last webinar of 2024, APA’s 15th year anniversary , combining members of our Animal Abuse Advisory Committee and our Domestic Violence Committee. Join us for our webinar, “Prosecutors Managing Vicarious Trauma and Compassion Fatigue” to learn various resources and coping mechanisms to differentiate between unhealthy self-care and healthy self-care. This webinar will share tips and resources to navigate life in a prosecutor’s office. How do you survive the trauma of being a career prosecutor while managing to stay healthy, mentally and physically?
Presenting this webinar is Don Cocek, Retired Supervising City Attorney of the Animal Protection and Code Enforcement Units at the Los Angeles City Attorney’s Office. Don has handled animal abuse cases — hawks to Jack Russell Terriers, and many others in between — for 32 years. Also joining us as a speaker is Emily Janes, LA Office of the City Attorney Administrative Coordinator 2, Central Trials Unit. She’s a Victim Advocate who has been working with trauma survivors and supervising staff who work with trauma survivors for 25 years, 10 of those in a Prosecutor’s Office. She focuses much of her time on understanding the science of stress and the impact of vicarious trauma.
References:
Hodge, Samuel D., Jr., & Williams, Lauren. (2021). Vicarious trauma: growing problem among legal professionals that may become more prevalent cause of action. Texas Tech Law Review, 53(3), 511-534.
Jenkins, M. (2013). Teaching Law Students: Lessening the Potential Effects of Vicarious Trauma. Manitoba Law Journal. 37. 383. 10.29173/mlj861.
The Vicarious Trauma Toolkit, OFF. FOR VICTIMS OF CRIME, https://ovc.ojp.gov/program/vtt/about-the-toolkit (last visited November 13, 2024).
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