Lewis & Clark Law Review
First Page
573
Abstract
Many victims in the criminal justice system have already survived at least one traumatic experience, but too often the process of prosecuting their case exacerbates that trauma instead of healing it. This Article discusses how trauma may impact a victim of crime on a behavioral and neurobiological level, and how prosecutors can re-orient their interactions with victims in a way that helps victims regain their voice, choice, and sense of community. Section I describes the necessity for prosecutors to be trauma-informed and what that means in the context of the criminal justice system. Section II seeks to inform prosecutors and those working in the criminal justice system of the neurobiological impact that surviving trauma can have on a victim’s brain. Section III applies the science of trauma to the criminal justice system and describes societal myths that surround trauma and how those myths persist in many phases of the prosecutorial process. Section IV provides a non-exhaustive list of suggestions for best practices at each stage of a prosecutor’s involvement in a case, centered on the principles of choice, transparency, privacy, and connection. Finally, Section V describes how prosecutors receive secondary trauma by the nature of their line of work, and what they can do to mitigate the negative impact of secondary trauma on their lives and careers.
Recommended Citation
Eric M. Werner,
Avoiding the Second Assault: A Guidebook for Trauma-Informed Prosecutors,
25
Lewis & Clark L. Rev.
573
(2021).
Available at:
https://lawcommons.lclark.edu/lclr/vol25/iss2/7