The power of compassion: a judicial reflection on wellbeing and the court

Abstract

This article explores the stress, vicarious trauma, and burnout experienced by judicial officers and their need for protective skills. Compassion is one skill that can be incredibly beneficial. Compassion involves recognising a person’s suffering, and ‘turning towards’ the sufferer. This has been said to be ‘neurologically rejuvenating’. In contrast, empathy alone can lead to distress and generate burnout. There are three pillars of compassionate practice: (1) procedural fairness; (2) judicial engagement; and (3) other therapeutic jurisprudence approaches and court programs. The authors, both experienced judicial officers, have experienced how compassionate practice can inspire offenders to achieve rehabilitation goals. These practices can also be implemented in traditional court lists by judicial officers acknowledging the possibility of suffering of court users and empowering them by judicial engagement and granting them agency. A compassionate approach to justice can improve judicial effectiveness, health, and the fostering of a healthy work environment.

Keywords:

• compassion
• therapeutic jurisprudence
• procedural fairness
• judicial engagement
• judicial wellbeing
• specialist courts
• courts
• mental health
• judicial burnout

Ethical standards

Declaration of conflicts of interest

Pauline Spencer has declared no conflicts of interest.

Jamey Hueston has declared no conflicts of interest.

Ethical approval

This article does not contain any studies with human participants or animals performed by any of the authors.

Notes

1 Carly Schrever, Carol Hulbert and Tania Sourdin, ‘Where Stress Presides: Predictors and Correlates of Stress Among Australian Judges and Magistrates’ (2022) 29 Psychiatr Psychol Law 290, 314.

2 Carly Schrever, Carol Hulbert and Tania Sourdin, ‘The Psychological Impact of Judicial Work: Australia’s First Empirical Research Measuring Judicial Stress and Wellbeing’ (2019) 28 J Judicial Admin 141.

3 Richard Lazarus, Emotion and Adaptation (OUP 1991).

4 Anthony Hopkins and others, ‘At the Heart of Sentencing: Exploring Whether More Compassionate Delivery of Sentencing Remarks Increases Public Concern for People who Offend’ (2023) 30 Psychiatr Psycholo Law 459, 461; Clara Strauss and others, ‘What Is Compassion and How Can We Measure It? A Review of Definitions and Measures’ (2016) 47 Clin Psychol Rev 15.

5 Boris Borneman and Tania Singer, ‘A Cognitive Neuroscience Perspective – The ReSource Model’ in Tania Singer and Matthias Bolz (eds), Compassion: Bridging Practice and Science (Max Planck Institute for Human Cognitive and Brain Sciences 2013) 183.

6 Ibid 278.

7 Katrin Preckel, Philipp Kanske and Tania Singer, ‘On the Interaction of Social Affect and Cognition: Empathy, Compassion and Theory of Mind’ (2018) 19 Curr Opin Behav Sci 1.

8 Trisha Dowling, ‘Compassion Does Not Fatigue!’ (2018) 59 Can Vet J 749.

9 Michael J Poulin and others, ‘Giving to Others and the Association Between Stress and Mortality’ (2013) 103(9) Am J Publ Health 1649.

10 Laura W McCray and others, ‘Resident Physician Burnout: Is There Hope?’ (2008) 40(9) Fam Med 626; Dowling (n 8).

11 Hopkins and others (n 4) 460; Anthony Hopkins and Lorana Bartels, ‘Paying Attention to the Person: Compassion, Equality and Therapeutic Jurisprudence’ in Nigel Stobbs, Lorana Bartels and Michel Vols (eds), The Methodology and Practice of Therapeutic Jurisprudence (Carolina Academic Press 2019); Sharyn Roach Anleu and Kathy Mack, ‘Judicial Authority and Emotion Work’ (2013) 11 Jud Rev Selected Conf Pap J Judicial Comm N S W 329.

12 Michael King, ‘Compassion and the Courts: The Evolution of an Institution’ in Michelle Brenner (ed), Conversations on Compassion (CreateSpace 2015) 218–19.

13 The Honourable Chief Justice Murray Gleeson AC, ‘Judicial Legitimacy’ (speech delivered to the Australian Bar Association Conference, New York, 2 July 2000).

14 Hopkins and Bartels (n 11).

15 David B Wexler, ‘Robes and Rehabilitation: How Judges Can Help Offenders “Make Good”’ (2001) 38(1) Court Rev 18.

16 Jamey H Hueston and Kevin Burke, ‘Exporting Drug Court Concepts to Traditional Courts: A Roadmap to an Effective Therapeutic Court’ (2016) 52 Court Rev 44.

17 Peggy F Hora and Deborah J Chase, ‘The Best Seat in the House: The Court Assignment and Judicial Satisfaction’ (2009) 47 Fam Court Rev 209.

18 Pauline Spencer, ‘From Alternative to the New Normal: Therapeutic Jurisprudence in the Mainstream’ (2014) 39 Altern Law J 222.

19 Hueston and Burke (n 16).

20 Hopkins and others (n 4) 460, 462.

21 Tom R Tyler, ‘Procedural Justice and the Courts’ (2007 – 2008) 44 Court Rev 26, 30–31.

22 Ibid 26.

23 Jamey H Hueston, ‘The Compassionate Court: Reforming the Justice System Inside and Outside’ (2021) 57 Court Rev 108.

24 David B Wexler, ‘Therapeutic Jurisprudence: An Overview’ (2000) 17 Thomas M Cooley Law Rev 125, 128.

25 King (n 12).

26 Helen Riess, ‘The Science of Empathy’ (2017) 4 J Patient Exp 74.

27 Preckel, Kanske and Singer (n 7).

28 Thaddeus W W Pace and others, ‘Effect of Compassion Meditation on Neuroendocrine, Innate Immune and Behavioral Responses to Psychosocial Stress’ (2009) 34 Psychoneuroendrocrinology 87. Utilising compassion may also reduce stress-related immune and behavioural responses: 32.

29 Olga Klimecki, Matthieu Ricard and Tanya Singer, ‘Empathy Versus Compassion: Lessons from 1st and 3rd Person Methods’ in Tania Singer and Matthias Bolz (eds), Compassion: Bridging Practice and Science (Max Planck Society 2013) 284.

30 Ibid 279.

31 Jamey H Hueston and Miriam Hutchins, ‘The Power of Compassion in the Court: Healing on Both Sides of the Bench’ (2018) 54 Court Rev 96.