Wednesday, 17 June 2009
The law and psychology
I saw a surprisingly good interview on television a few days ago. It was on one of those current affairs shows that come on right after the 6 o’clock news. Usually they are about shady tradesmen who are ripping off pensioners by getting prepaid for things like painting or gardening only never to be seen again. The news team approaches one of them in the street and he suddenly sprints off down the road with the poor old cameraman in pursuit and the reporter holding on to his trusty microphone hollering out questions that are never going to be answered. That sort of news report that is really more a combination of athletics and journalism as you hear the puffing and panting of the reporter and the cameraman.
However this was most illuminating interview with Chief Judge Antoinette Kennedy. The first woman to be appointed a judge in the state where I live and who is on the brink of retirement. First it is very rare for one of the judiciary to give any sort of interview.
She made a number of most interesting comments. She stated that sometimes she watches TV reports of those who have been involved in a trail in some way and they would say that the result gave them closure or it did not give them closure. She stated that such comments baffled her.

The court or trial system was never set up to give closure to people. That is not its purpose and is not its goal and its never has been. This is a very nice way of saying what I have been saying to clients for many years.
The goal of a trial is to answer a legal question of guilt or innocence. Its goal is not a therapeutic one. It is a court of law not a therapy group. It is not set up to or is trying to give people closure or some other kind of therapeutic gain. Its goal is to answer a legal question. It seems that for many of those involved in trials, they mistakenly look for a therapeutic goal from something that is not designed to provide one.

I have seen many clients who have been involved in various trials for various reasons over the years. My suggestion to them is that they try and emotionally distance them self as much as they possibly can from the trial and its outcome. I suggest that they have as little to do with the trial as possible and when it’s on and getting lots of press they leave the country for a few weeks holiday. It is very likely that something in the trial will result in some sort of further emotional scarring on the person and that is the last thing they need. A court room is not designed to be therapeutic for those listening on.
One does not need an outcome of a trail to get closure or to move on in life. That can be achieved much better long before any trial has taken place. Getting closure is a psychological process that can be achieved no matter what the outcome of a trial is.

The most common type of chronic anger in this community is those who seek or want revenge. Those who state what they want ‘justice’ for the crimes committed against them. These people are chronically angry in that they are holding onto their anger about some unjust act committed against them.
My counsel is to forget about winning the battles and just make sure you win the war. A trial is just a battle. If they feel like justice has not been done or they want further revenge for long periods of time then they certainly have lost the war. They are carrying around chronic anger and there is mountains of literature that clearly shows the physical damage that results from being chronically angry. It is singularly physically damaging and in many instances being closely involved in a trial will just increase the level of anger. It certainly does not help to win the war.
Graffiti
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Comments
Well said Tony.
Pity. What a waste of such good words and knowledge.
If people dealt with their anger and found closure out side of the court then the media wouldn't have anything to grab and run with. There would be considerably less money changing hands - the media is a powerful money generating machine for all kinds of things.
Anger, i think, provokes fear which may manifest as anger. Someone somewhere knows, and it becomes a great people controler. Fear will get you running in any direction or keep you glued to your seat if that is it's purpose.
Gosh - i'm sounding paranoid. Its just that i grew up on a farm, and that's how its done. People would argue that it doesn't work that way. When there is a creature that doesn't behave as it should when the fear stimulus is used then its labled a rogue and sent to be killed.
I must be fairly well conformed. I'm still alive. So are you.
Closure? People not angry and therefore not afraid? That would be a frightening prospect for people, especially those in charge of lots of people.
Wonder why the justice system is everything and no one ever finds closure in it?
Posted by: roses | Thursday, 18 June 2009
Wish me luck Roses,
at 2.30 today I have my operation, general anesthetic and all !!
Tony
Posted by: Tony | Thursday, 18 June 2009
All the best Tony
kenoath
Posted by: kenoath | Thursday, 18 June 2009
Oh my goodness. Oh my goodness!
I don't know what to say!
Hugs, hugs and more hugs and good luck till the cows come home! That can be a lot of luck, some of those cows take their time - believe me.
I think of you all the time but today i will be thinking strenuouslly of you.
Smile at everyone in the hospital. They'll need it. You on the other hand will be asleep without a care.
Sleep well... *giggles*
PS, whether you remember them or not... sweet dreams.
Posted by: roses | Thursday, 18 June 2009
From behind the mask of roses – while you are sleeping.
The real estate people have just left. It’s a bit of an intimate act – to show someone your personal space and have it appraised and priced in such a way. They say that home is where your heart is and it’s difficult to keep your heart safe from the real estate assessors. I could of course be like so many others and mask it up with words and material things – just not who I am I guess, so that’s the way it is.
There is a room here that is – for a time – another couples home. I didn’t let the real estate people in there. It’s not for them to see, even if it is for only a short time, someone else’s only home and lodgings. It isn’t good to share another’s intimacies in such a care less way. There’s more than enough in this world that will fight to de-mean them inside and out as it is; no need for me to join in the fray.
They were standing there and the issue of pets came up – talking about the rental option. We have, in the lounge room, some quite nice wool carpet that carries a rather nice price (ouch!) and I wondered why we did that. We did that because it is soft and lovely to feel when lying or sitting on the floor. I like to lie or sit on the floor. Its what I do, the most comfortable way to be; carpet, tiles, grass, sand… I like the floor *Shrugs*. Pets make a mess of carpet, so do children, adults, furniture – pretty much everything I can think of actually.
I think kids need pets – when they get to an age and they aren’t constantly pulling them apart limb from limb that is – but I think its important for them to learn to respect others, learn about birth, life and death.
Hard lessons they are.
I said that we would have to talk about it. And that’s what we’ll do if or when the situation raises it ugly head - probably.
I’d like to sell it – the house that is. I don’t want to be encumbered with a responsibility as big as this house is. So annoying – if that’s the way it goes. Either way will help with the debt that has accumulated so… what ever.
I’m being a granny now for a little bit. Just thought I’d pop in and say g’day while you’re taking an induced nap. Hope its over soon and you recover really quickly.
Yes – it matters…
Posted by: roses | Thursday, 18 June 2009
This is a huge issue in medical malpractice. The idea that people - the doctors or the patients - will get any kind of closure from an adversarial set up is bad. Any doctor who fucks up wants to apologize and try to make things right. But when it gets to a court system, they have to shut up, do what the lawyer says, etc and the patient never really gets the truth either. Bad all around.
Posted by: sara | Thursday, 18 June 2009
"I'm baaaack" Roses
Tony
Posted by: Tony | Thursday, 18 June 2009
I come across a similar problem on occasion as well Sara,
On both sides of the ledger. Either a person who wants to apologise or someone wanting an apology and knows they can't get one because the apology will be taken as an admission of guilt.
Isn't the law a wonderful thing!
Tony
Posted by: Tony | Thursday, 18 June 2009
"Bitch stole by fish!" - he-he!
Love the photo!
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Posted by: Nomes Bebes | Sunday, 17 April 2011
i must admit that I have never heard of such things until now.I guess there are many people who seek for therapeutic help in court and that is wrong.Maybe in about 50 years from now they will find this things too.
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