The Unspoken Outcome of Violent Jury Trials: an Examination of Juror Stress and Traumatisation in New Zealand

Abstract

Problems experienced by jurors on violent jury trials are receiving increased attention internationally. In New Zealand reports of traumatised jurors have come to the attention of not only the courts and news reports, but also to victim support groups around the country. Recent studies and anecdotal reports suggest that the stress and trauma experienced by jurors can have an adverse effect on jurors' health, often leading to a variety of psychological, emotional and physical disturbances. This study explores juror stress and traumatisation by drawing upon international literature as well as the results of interviews with ten Wellington jurors who served on jury trials involving violent offences, exploring their recent experiences of jury service. The study explores the existence of stress and traumatisation among a sample of ten jurors who served on trials involving violent offences in Wellington, focusing on the physical, psychological and emotional impact of serving on jury trials involving violent offences. It examines the experiences of the ten jurors in relation to their safety, health and general wellbeing during and after jury service. It surveys jurors' opinions on the current level of support services available to jurors, focusing on pre-trial juror preparation and formal court-based counselling and debriefing services. Finally, the study provides options for the courts in addressing jurors' needs, which may improve both the experiences of jurors and the quality of the justice process. The study also presents the methodological processes involved in researching jurors, and in the process documents some of the challenges and complexities facing researchers undertaking independent jury research in New Zealand. The primary challenges relate to legitimately accessing a sample of jurors, and legal and ethical considerations such as informed consent, privacy issues, and the reduction of harm. The study found considerable stress symptoms in a sample of Wellington jurors, indicating a negative effect on juror health and wellbeing. Case studies of two Wellington jurors reveal that the personal impact of the trial experience can be severe. The study also reveals that the experiences of jurors in New Zealand are remarkably similar to those reported from jurors overseas. The comments made by jurors indicated that in general they did not feel prepared for their role as juror, nor were they provided with the support or services necessary to enable them to return to normal functioning after the trial.