Handbook for Judicial Officers
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Therapeutic jurisprudence and the trauma-informed court
Decolonising the mind: working with transgenerational trauma and First Nations Peoples
B O’Neill
Introduction
What is trans and intergenerational trauma?
How transgenerational trauma is manifested today
Strategies to heal transgenerational trauma
Case studies
Conclusion
Transgenerational trauma reimagined
Sentencing and disadvantage: the use of research to inform the court
Mr N Cowdery AO QC, Professor J Hunter and Ms R McMahon
Introduction
The value of research in sentence proceedings
Receiving research in court
Matters of proof — flexibility in sentencing
When might it be desirable or obligatory for the Evidence Act to apply
?
Relevance
Judicial notice — s 144 of the Evidence Act
Prosecution and defence considerations
Conclusion
The trauma-informed courtroom
The Honourable Judge P Hora
Aligning what we know with what we do
SAMSHA’s six key principles of a trauma-informed approach
Vicarious trauma
Conclusion
Adopting a trauma-informed approach in the District Court of NSW
His Honour Judge W Hunt
The trauma-informed approach of the Drug Court of NSW
His Honour R Dive
The impact of knowledge
Engagement in treatment
Empowerment
Conclusion
The trauma-informed approach of the NSW Youth Koori Court
Her Honour Magistrate Susan Duncombe
Respect for culture
Design of the court room and the court process
The role of the YKC judicial officer
Conclusion
The trauma-informed barrister
Mr S McCarthy
Investment
Modify
Dress
Patience
Protect
Close
Measuring legal actor contributions in court
R Waterworth
Introduction
The role of judges
Stages of interaction
Legitimacy of justice and procedural justice
Social distancing
The interaction between these and therapeutic jurisprudence
Review of the common denominators of therapy outcomes
Court participants
Types of therapy
Therapeutic alliance
How important is the therapeutic alliance?
Measuring therapeutic alliance
Implications for therapeutic jurisprudence
A behaviourally anchored description of legal actor contributions
Figure A Legal actor contributions court checklist
Conclusion
The importance of trauma-informed court practice
His Honour Magistrate M King
A road less travelled: footprints from trauma
His Honour Magistrate M Douglass
Further references on therapeutic jurisprudence and the trauma-informed court