Courts' Responses to Trauma and Application of the Transcendental Meditation Technique

Courts often retraumatize victims and other parties because their processes are not trauma-sensitive, and court professionals may suffer secondary trauma from exposure to traumatic cases. The article argues that courts are beginning to address trauma through innovative processes and referrals to support services, but more avenues should be explored. It notes research indicating that the Transcendental Meditation technique alleviates PTSD symptoms, promotes psychological growth, and reduces offender recidivism, yet court programs have only used it in small offender rehabilitation settings. The authors propose that courts should consider broader use of this technique to address trauma in parties and secondary stress in court professionals.

Study at a glance

Abstract

The court system is one of society’s principal mechanisms for processing the consequences of trauma. Traumatic events may arise from criminal behaviour or give rise to civil proceedings and those coming before the courts as parties such as defendants or victims may have dysfunction in a number of life domains due to unresolved trauma from the past. Historically courts have failed to use processes sensitive to the effects of trauma and have consequently in some cases retraumatised people, particularly victims of crime. Professionals working in courts have been subjected to secondary trauma through exposure to traumatic cases. Courts are addressing trauma by using innovative processes, including connecting those with trauma-related needs to appropriate treatment and support services and by using more sensitive court processes. Additional avenues to address trauma need to be explored. For example, research has found that the practice of the stress-reduction and self-development technique, the Transcendental Meditation technique, produces a unique state of restful alertness and that its regular practice alleviates the symptoms of posttraumatic stress disorder in a variety of traumatised populations, promotes psychological growth and more positive behaviour, and reduces offender recidivism. To date court programs have only explored its use in small offender rehabilitation programs. Courts should consider its wider use to address the trauma of parties and the secondary trauma and stress of court professionals.