Procedural justice research

During the past decade the study of the psychology of procedural justice has become well established within the field of justice. It has been widely found that people are as concerned with the fairness of the way decisions are made as they are with the fairness of those decisions (i.e., distributive justice). This paper identifies the questions which have dominated research on procedural justice during the past decade, discusses the conclusions which have been reached about those questions, and suggests important areas for future exploration by procedural justice researchers.     

Examining macro-level impacts on procedural justice and police legitimacy

Purpose

Many studies have lent empirical support to the procedural justice model of police legitimacy; however, there has, as yet, not been widespread consideration of the potential impact of neighborhood- and community-level factors on people's perceptions of procedural justice or police legitimacy. The present study integrates the macro-level policing literature with the psychological-based procedural justice framework to uncover what effects, if any, the sociostructural environment has on procedural justice and police legitimacy.

Methods

Hierarchical linear modeling integrates census and survey data within a single, mid-sized city.

Results

Concentrated disadvantage exerted a marginally-significant impact on procedural justice, and on police legitimacy while controlling for procedural justice. Procedural justice remained the strongest predictor of legitimacy, even when accounting for macro-level characteristics.

Conclusions

The effect of procedural justice on police legitimacy appears to be robust against the deleterious impacts of concentrated disadvantage. This has implications for procedural justice research, theory, and policing.     

Procedural justice perceptions,legitimacy beliefs,and compliance with the law: a meta-analysis

Journal of Experimental Criminology - The purpose of this study was to compare procedural justice and legitimacy as correlates and predictors of compliance with the law. A literature review...     

Procedural justice training for police recruits: results of a randomized controlled trial

Journal of Experimental Criminology - Procedural justice training for police officers is designed to improve officers’ interactions with the public. Aside from the fact that it is a given...     

Procedural justice,obligation to obey,and cooperation with police in a sample of Jamaican citizens

ABSTRACT

Procedural justice theory plays a central role in understanding police–citizen relationships. To test the universality of procedural justice theory, researchers have tended to assess the relative impacts of normative and instrumental models of policing in different geopolitical contexts. Building on Reisig and Lloyd’s study in Jamaica, we test in the current study the relative impacts of procedural justice (a normative factor) and police effectiveness and risk of sanctioning (instrumental factors) on Jamaicans’ obligation to obey the police and willingness to cooperate with police. We found that procedural justice predicted both obligation to obey and cooperation, although obligation did not predict cooperation. And while effectiveness predicted obligation, it was not significantly related to cooperation. Lastly, older citizens were more willing to cooperate with police. The study’s implications for policy and future research are discussed.     

Procedural justice and regulatory compliance

This is a study of perceptions of the procedural justice of a business regulatory process among 341 Australian chief executives of small organizations. Only mixed support is found for the notion that procedural justice perceived by chief executives explains changes in the compliance of the organizations they run. A factor analysis suggests that five facets of procedural justice—consistency, correctability, control, impartiality, and ethicality—can be combined to form a single measure. The decision accuracy facet was not part of the general procedural justice factor. It is just one of these facets, control, that is significantly associated with changing compliance. As the chief executive's perception that they have had some control over the enforcement process increases, organizational compliance improves. The procedural justice measures correlate more strongly with regulatee satisfaction for this regulatory regime than do regulatory outcomes.     

Symbolic power and police legitimacy: The Royal Ulster Constabulary

In the following discussion we approach the issue of police legitimacy inNorthern Ireland through Habermas's theory of legitimacy and the shiftinglocus of conflict from the economic to the cultural sphere. It is argued thatthe cultural sphere is often a major site of conflict in divided societies suchas Northern Ireland. The process of economic globalisation – a crucialfactor in the emergence of identity based movements elsewhere – has hadthe effect of intensifying conflict over identity and its symbolicrepresentation. The debate on the reform of the RUC in the wake of thePatten Commission Report has focused principally on the recommendationthat the symbolism of the police be changed. Although this conflict oversymbols condenses the central problem of the exclusion and misrecognitionof nationalists it also has the effect of distracting attention from the moreuniversal theme of the Report: the relationship between citizens, police andthe state.     

Procedural justice and ethical decision making

Procedural justice, in the form of voice and respectful treatment by supervisor, and ethical decision making are examined in this research. Ethical decision making is hypothesized to be a direct function of moral intent, as indicated by willingness to use moral criteria in decision making. Moral intent is, in turn, expected to be a function of the decision-making context, including perceptions of voice, respect and trust between supervisor and subordinate, and moral climate. Individual moral development is also expected to have a positive effect on moral intent. Results generally support the model, with two exceptions. First, perception of voice has a negative effect on moral intent, while caring climate and respectful supervisory relations have the expected positive effect on moral intent. These results suggest either a compensatory model of ethical decision making or a complacency effect. Second, individual characteristics had very little effect on either the decision made or the level of moral intent developed, save for one decision. These results suggest an important overlooked variable, the salience of issues for procedural justice concerns.     

Procedural justice, routine encounters and citizen perceptions of police: main findings from the Queensland Community Engagement Trial (QCET)

Objectives

To test, under randomized field trial conditions, the impact of police using the principles of procedural justice during routine encounters with citizens on attitudes towards drink-driving, perceptions of compliance, and their satisfaction with the police.

Methods

We conducted the first randomized field trial??the ??Queensland Community Engagement Trial?? (QCET)??to test the impact of police engaging with citizens by operationalizing the key ingredients of procedural justice (neutrality, citizen participation, respect, and trustworthy motives) in a short, high-volume police?Ccitizen encounter. We randomly allocated 60 roadside Random Breath Testing (RBT) operations to control (business-as-usual) and experimental (procedural justice) conditions. Driver surveys were used to measure the key outcomes: attitudes towards drinking and driving, satisfaction with police and perceptions of compliance.

Results

Citizen perceptions of the encounter revealed that the experimental treatment was delivered as planned. We also found significant differences between the experimental and control groups on all key outcome measures: drivers who received the experimental RBT encounter were 1.24 times more likely to report that their views on drinking and driving had changed than the control group; experimental respondents reported small but higher levels of compliance (d?=?.07) and satisfaction (d?=?.18) with police during the encounter than did their control group counterparts.

Conclusions

Our results show that the way citizens perceive the police can be influenced by the way in which police interact with citizens during routine encounters, and demonstrate the positive benefits of police using the principles of procedural justice. Our study was limited by the use of paper-only surveys and low response rate. We also recognize that the experiment setting (RBT road blocks) is limiting and non-reflective of the wider set of routine police?Ccitizen encounters. Future research should be undertaken, using experimental methods, to replicate our field operationalization of procedural justice in different types of police?Ccitizen encounters.     

Human trafficking for labour exploitation: the results of a two-phase systematic review mapping the European evidence base and synthesising key scientific research evidence

Objectives

Our objectives were (1) to systematically map the contours of the European evidence base on labour trafficking, identifying its key characteristics, coverage, gaps, strengths and weaknesses and (2) to synthesise key scientific research.

Methods

We took a two-phase approach: a systematic map followed by a detailed synthesis of key scientific research evidence. Our search strategy included 15 databases, hand searches of additional journals, backwards searches, snowball searches and expert recommendations. We identified and screened 6106 records, mapped 152 and synthesised eight.

Results

Overall, the literature was limited and fragmented. Reports produced by official agencies dominated; academic authorship and peer-reviewed outputs were comparatively rare. Few publications met minimum scientific standards. Qualitative designs outweighed quantitative ones. Publications typically described trafficking’s problem profile and/or discussed interventions; they rarely assessed trafficking’s impacts or evaluated interventions. Even among the key scientific research, the quality of evidence was variable and often low. Particular weaknesses included poor methods reporting, unclear or imprecise results and conclusions not properly grounded in the data. The synthesised studies were all exploratory, also sharing other design features. Common themes identified included: poor treatment of victims; diversity of sectors affected and commonalities among victims; inadequacies of current responses; and barriers to interventions.

Conclusions

There is a lack of high-quality studies into European labour trafficking. Methodological opacity, insufficient rigour and publication in non-indexed locations impede the identification, assessment and synthesis of evidence. Adherence to higher reporting standards would further the field’s development and particular research gaps should be addressed.

     

Penal ideology, sentencing and the legitimacy of trial justice

The paper explores the link between penal ideology and international trial justice from the perspective of sentencing. The argument is based on the premise that the perceived legitimacy of punishment is directly related to effective governance in criminal justice. As such, loss of faith, or lack of moral empathy by individuals and communities with the ideologies, processes and outcomes of punishment compromises the ability of criminal trials to function effectively in maintaining the ‘rule of law’. The paper argues that more emphasis should be given explaining the moral foundations that underpin perceptions of ‘justice’ in sociological accounts of the ‘reality’ of sentencing, and proposes an analytical framework for conceptualising this. Adopting this approach, the paper draws on examples from national and international criminal justice to illustrate how the hegemony of penal ideology and its implementation compromises the ability of sentencing outcomes to resonate with the trial‘s ‘relevant audience’. The paper then focuses on how penal ideology influences the construction of the factual basis for sentencing in international criminal trials, and considers the consequences of this for the perceived ‘legitimacy’ of international trial justice.     

Some reflections on the legitimacy of international trial justice

This paper addresses a number of interrelated conceptual difficulties that impact adversely on the ability of international criminal trials to deliver outcomes perceived as legitimate by victims and communities in post-conflict states. It begins by exploring the extent to which those moral justifications for punishment espoused by international courts are instrumental in marginalizing the aspirations for justice of victims and victim communities, and suggests how a greater appreciation of the sociological context of punishing international crimes can contribute towards an improved understanding of normative practice. The paper then examines the relationship between perceptions of international crime and punishment, and the broader issue of whether international criminal law provides an appropriate normative structure for giving effect to those universal humanitarian values concerned with punishment in an increasingly pluralistic world. Finally, the paper considers how the theory and practice of punishing international crimes can more effectively satisfy both local and global aspirations for post-conflict justice through enhancing the transformative capacity of international criminal trials.     

Exploring the relationship between sentencing and the legitimacy of trial justice

This paper argues that recent sustained criticism of judicial sentencing in England and Wales reflects a much deeper malaise afflicting the legitimacy of punishment in the late post-modern era. It suggests that this phenomenon not only threatens the liberal-consensus view of the judiciary as pivotal to the rule of law, but also undermines the rationality which underpins conventional paradigms of criminal justice more generally. The paper goes on to argue that there are important lessons to be learned from engaging with the debates about punishment and sentencing which are taking place on the international stage, suggesting that the crisis in domestic sentencing is really symptomatic of a more fundamental crisis in penal legitimacy affecting the whole of civil society; one that touches upon the role of punishment in the governance of so-called democratic states. The paper concludes that the time may have come to modify the predominant neo-liberal paradigm prevalent in western democracies by developing notions of punishment and sentencing as relational contexts which provide meaningful links between trial outcomes and aspirations for justice.     

The effect of low self-control on perceived police legitimacy

Objective

The process-based model has influenced policing research for a number of years, but the role of individual differences on procedural justice judgments and perceived police legitimacy has received limited attention. The current study fills a void in the literature by examining the effect of low self-control on individuals’ procedural justice judgments and perceptions of police legitimacy.

Materials and Methods

The study uses a sample of young adults and estimates a series of OLS regression models to determine the effect of low self-control on the process-based model of policing.

Results

The findings demonstrate that low self-control is associated with unfavorable procedural justice judgments. In turn, procedural justice mediates the effect of low self-control on perceived police legitimacy. Low self-control, however, is also shown to condition the effect of procedural justice on legitimacy. Specifically, the effect of procedural justice on legitimacy becomes weaker with reduced levels of self-control.

Conclusions

These findings suggest that studies should account for self-control in process-based policing research and police policy should consider the impact of individual differences when implementing process-based strategies.     

Youth justice conferencing and police referrals: The gatekeeping role of police in Queensland, Australia

Youth justice conferencing in Queensland, Australia relies on the discretionary referral of young offenders by the police. The low rate of police referrals to conferencing is an ongoing concern for conference organizers. The research presented in this study explored Queensland police officers' training, experience, understandings of youth justice conferencing, and their individual discretionary policing style. The impact of these factors on officers' attitudes towards conferencing and their reported likelihood of referring to conference were examined. One hundred eighty-four Queensland police officers stationed in police regions where conferencing was available participated in the study. Of these officers, 15 percent had never heard of conferencing. Of officers who had heard of conferencing, 35 percent had received training, 21 percent had referred a young person to a conference, and 20 percent had attended a conference. Officers' understandings of conferencing were significantly related to their reported likelihood of referring a young person to a conference. The results indicated that to increase police referrals of young people to conferences, police need to be exposed (both through training and attendance) to the philosophy of and procedures involved in conferencing.     

Promoting a culture of fairness: police training,procedural justice,and compliance

Objectives

Academics and practitioners alike are concerned about the potential “double-edged sword” of procedural justice. In the organizational context, procedural justice is expected to increase compliance with supervisors. However, blind, unthinking, or “hard” compliance with supervisors, may lead to anti-organizational behavior and misconduct. The present study examines the moderating effect of a police recruit cultural training program on the relationship between procedural justice and compliance with police supervisors. We expect that providing cultural training will moderate the relationship between procedural justice and “hard” compliance.

Methods

Participants were police recruits at the Queensland Police Academy who were randomly assigned to an experimental (Voice 4 Values) or control condition (business-as-usual training) upon entry into the academy. Recruits in both groups were surveyed pre- and post- training to capture perceptions of procedural justice and compliance with supervisors.

Results

Results suggest that procedural justice mattered less for predicting “hard” or unthinking compliance among the recruits who received the Voice 4 Values cultural training package, compared to those who did not receive the training.

Conclusions

We conclude that while procedural justice may be of interest to policing organizations, it is important that it is not used as a tool to encourage unthinking compliance. We find cultural training reduces the effect of procedural justice on unthinking or “hard” compliance.