From Justice Speakers:
The connection between trauma-informed practices and procedural fairness is profound. By adhering to the principles of procedural fairness, courts can create an environment where individuals feel safe, heard, and supported.
Judges must recognize that trauma is often invisible and can affect how litigants engage with the legal system. People with trauma histories may react by withdrawing, becoming defensive, or displaying heightened emotional responses. Research shows that a significant portion of individuals involved in the criminal justice system have experienced some form of trauma. Studies indicate that up to 75% of adults in the system report at least one traumatic event during childhood, with many experiencing multiple forms of violence, abuse, or neglect. These individuals often bring their trauma into the courtroom, where it may manifest as fear, aggression, or disengagement.
Without an understanding of trauma, judges may misinterpret these behaviors, leading to unfair decisions. However, a trauma-informed approach, grounded in procedural fairness, allows judges to create a space where litigants feel safe enough to participate honestly and openly. This, in turn, directly enhances the fairness of the process, ensuring that participants are comfortable sharing their stories, which ultimately improves the judicial process. Continue reading >>>>
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