Juror Stress and Traumatisation: Issues for Criminal Justice Policy and Practice

Abstract

For more than a decade international research and anecdotal reports have documented an increasing problem referred to as 'juror stress' that includes emotionally distressing experiences as well as physically debilitating conditions. Increasingly, the concept of juror stress is achieving prominence in New Zealand, prompting concern for the health and well-being of jurors. Other studies have investigated various aspects of jury service, primarily within the context of decision-making, but largely ignored the plight of the individual juror. This thesis critically examines the jurors' subjective experiences, in relation to their personal safety, health and well-being, during and after trials involving violent and sexual offences. It explores the existence, nature and extent of stress to determine the physical, psychological and emotional impact of serving and analyses contributory factors. Furthermore, this thesis explores jurors' opinions on the level of support provided by the courts. It also identifies the legal and ethical dilemmas involved in conducting jury research in New Zealand and documents the process of negotiating access for researchers in a highly restricted area. A self-designed survey instrument in the form of a self-complete, anonymous postal questionnaire was distributed to a stratified sample of 1187 jurors from trials involving mandatory indictable violent and sexual offences at the Wellington High and District Courts between 1 January 1996 and 30 June 1997. A total of 468 jurors responded to the questionnaire. The thesis found that whilst the majority of jurors report having had a positive experience, a significant number report having a negative experience and given the option would never serve again. Many experienced an inability to switch off, tension and exhaustion, sleeplessness, anxiety or worrying, depression, frustration, anger and distressing thoughts of the trial. There was a relationship between stress levels and effects on health and wellbeing, with higher stress levels associated with more symptoms. There was also evidence that for a subgroup of jurors the trial took a much more lasting toll. The thesis concludes that stressful reactions to jury service are highly complex, involving a myriad of factors. At a broader institutional and societal level, stress and traumatisation could have negative ramifications for the empanelling of jurors, the trial decision-making process and subsequent verdict, and even increase the possibility of hung juries. The thesis questions whether juror stress is a necessary evil or a largely avoidable consequence of the jury trial process. The purpose of this thesis is to inform policy and practice in criminal justice. The information gathered from this research forms the basis for practical suggestions and recommendations, which ultimately may be used to improve the experiences of jurors and the level of service provided by the Courts. The implications of the findings are discussed and future directions for research, policies and practices are suggested.