Procedural Justice and Dutch Victim Policy

This paper opens with a brief discussion of the traditional role of the victim in the criminal justice system and the changes which have been made in the Netherlands in order to improve the position of victims of crime. In addition, the author discusses the arguments put forward by policymakers and examines the implementation of victim policy. Next, procedural justice is introduced as a theory from which one could consider the possible impact of victims' experiences in the criminal justice system on their relationship with the justice system. The author goes on to present research which examines the impact of procedural justice on victims' attitudes towards legal authorities. The paper closes with a discussion of the importance of procedural justice issues for criminal justice policymakers and legal practitioners.     

论程序规则的出罪功能及其限度——以程序违法的实体减轻效果为中心

程序违法在一定条件下可以产生实体减轻的法律后果,但实体减轻原则上应作为最后手段。当违法行为导致程序公正性受损时,如果还存在有可能改变此种不公正状态的程序手段,原则上应优先采用。只有当可能的程序性手段用尽,而程序公正依然无法恢复,或者程序性手段的适用将对实体法实现造成不合理的损失时,方可考虑实体减轻的可能性。并且,实体减轻的适用应以程序公正的恢复为必备前提,其目的在于确保在程序违法既已发生的情况下,依然可以凭借公正的程序获得刑法最大限度的实现。当程序手段与实体减轻均无法弥补程序违法的损害时,应终止诉讼。     

A Hierarchical Analysis of Correctional Officers’ Procedural Justice Judgments of Correctional Institutions: Examining the Influence of Transformational Leadership

A substantial body of prior research has demonstrated the significant positive effect of organizational procedural justice on institutional policy compliance. However, research examining the antecedents of organizational procedural justice is only just beginning to emerge in the criminal justice literature. Due to the potential for institutional deviance and the importance of rule adherence among individuals in positions of authority, we believe it is important to investigate correctional officers’ procedural justice perceptions. As such, this study examines 929 correctional officers over 40 institutions to identify if criteria for fairness, leadership style, and officer and institutional characteristics influence officers’ perceptions of procedural justice. Results from hierarchical linear regression indicate that the ability to have a say in decisions, a sense that institutional rules are impartial, and perceptions that management leads through motivation and encouragement significantly increases correctional officers’ perceptions of procedural justice. Implications and directions for future research are discussed.     

程序正义论——一种法社会学的反思

本文旨在从社会学的视角分析论证程序正义在我国的可适用性问题。通过分析程序正义在我国的价值,及对社会现状的剖析,揭示程序正义的形成障碍,进而对存在的问题探索较为稳妥的解决,建构了程序正义从观念到制度的立体体系。     

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.     

论法官的道德素质与司法公正

法官良好的道德素质是实现司法公正的必要主观条件之一。法官的道德素质状况既影响着实体公正 ,又影响着程序公正和形象公正。良好的道德素质使司法公正成为法官坚定的职业信仰和自觉的职业追求 ,使公正司法成为法官自愿的职业惯性行为。多方加强法官队伍职业道德建设是司法公正的客观要求。     

Revisiting the role of distributive justice in Tyler’s legitimacy theory

Objectives

Tyler’s theory of legitimacy identified procedural justice and distributive justice as antecedents of legitimacy, but placed distributive justice in a relatively minor position compared with procedural justice. This has led to researchers paying less attention to distributive justice in the development of theory, despite consistent findings that distributive justice is important to a number of outcomes for criminal justice authorities. This report uses uncertainty management theory to revisit Tyler’s legitimacy model and gain a more nuanced understanding of distributive justice.

Methods

The proposed model is tested using a series of latent variable analyses conducted on a sample of 2169 adults and a factorial vignette design. The vignette design randomly manipulates outcome favorability and officer behavior during a hypothetical traffic stop. Multiple indicator multiple cause (MIMIC) models are then utilized to test the impact of these manipulations on perceptions of procedural justice and distributive justice. This is followed by a structural equation model that tests the relationships between procedural justice, distributive justice, and legitimacy.

Results

Officer behavior is a primary predictor of both procedural justice and distributive justice. Furthermore, the results demonstrate that distributive justice judgments are shaped by perceptions of procedural justice. Accordingly, distributive justice mediates the relationship between procedural justice and legitimacy.

Conclusions

Distributive justice should not be treated as a competing explanation for legitimacy evaluations, but as a concept that contextualizes why procedural justice is important.

     

Shared Race/Ethnicity,Court Procedural Justice,and Self‐Regulating Beliefs: A Study of Female Offenders

Using survey data from a sample of white, black, and Hispanic incarcerated females (N = 554), we examine if the theoretically hypothesized and empirically demonstrated relationship between procedural justice and obligation to obey the law is substantiated among a sample of offenders and explore the impact that sharing the race/ethnicity of the defense attorney and prosecutor in their most recent conviction has on female inmates' perceptions of court procedural justice and their perceived obligation to obey the law. The findings reveal that female offenders who perceive the courts as more procedurally just report a significantly greater obligation to obey the law. In addition, white female inmates who had a white prosecutor were significantly more likely to perceive the courts as procedurally just. Non‐whites, though, perceive the courts as more fair if they encountered a minority prosecutor regardless of whether the prosecutor was black or Hispanic.     

Justice and organizational punishment: Attitudinal outcomes of disciplinary events

This study utilized a justice framework to investigate punished subordinates' attitudinal reactions to specific disciplinary events. Results suggested that personality variables (negative affectivity and belief in a just world) influenced subordinate perceptions of the disciplinary event. In addition, belief in a just world had a direct effect on satisfaction with the supervisor, intention to leave, and organizational commitment. Contrary to expectations, harshness (a distributive aspect of the event) influenced perceptions of procedural justice and attitudes toward the institution (organizational commitment) and the leader (trust in supervisor), in addition to its influence on perceptions of distributive justice. The influence of procedural aspects of the event on attitudinal outcomes varied by dependent variable. The implications for future research and for management are discussed.     

Fairnes issues and job satisfaction among korean employees: The significance of status value and procedural justice in work orientation

This study investigates how justice or fairness issues such as procedural justice, distributive justice, and status equity affect job satisfaction among Korean employees. Incorporating cultural values and social norms salient in Korea, the study hypothesizes that perceptions of procedural justice enhance more job satisfaction than perceptions of distributive justice among Korean employees. Another hypothesis, based on Korean employees' aspiration for higher occupational status, predicts that perceptions of status equity, i.e., occupational prestige of their current jobs relative to their human capital, also increase job satisfaction more than perceptions of distributive justice. These two hypotheses were tested with a sample of 501 full-time employees in Korea. Supporting the hypotheses, the results indicated that (i) perceptions of procedural justice produce more job satisfaction than do perceptions of distributive justice; and (ii) perceptions of status equity are the most important factor predicting job satisfaction among the three fairness issues. Cross-cultural implications of these findings are discussed in more detail.The author thanks Professor Hyunho Seok and the Korean Social Science Council (KSSC) for their 1990 national survey data sets.     

The impact of organizational justice on correctional staff

Fairness and justice are fundamental concepts in society, including in the workplace where they are referred to as organizational justice. Distributive and procedural justice are two dimensions of organizational justice. It is theorized that organizational justice impacts the job satisfaction and organizational commitment of correctional staff. Pearson's correlation coefficients were calculated, factor analysis was performed, and ordinary least squares (OLS) regression equations were computed from the results of a survey of staff at a midwestern correctional facility. It was found that distributive and procedural justice are distinct concepts among correctional staff, and both have significant positive effects on job satisfaction. Additionally, procedural justice, but not distributive justice, has a significant positive impact on organizational commitment.     

程序正义的中国语境

程序正义在中国的语境中已被曲解,这种曲解不仅与我国传统的法律文化中程序工具主义、纠问式诉讼模式、法治基础薄弱有很大关系,与现实的程序价值理念及立法与司法的严重脱节密切相连。中国语境下的“程序正义”既是我国在迈向法治社会进程中传统文化与制度的缺陷的现实表现,又是我国法治现代化的一种必然产物。中国要走向程序法治,不仅需要相应的人文环境和相关的法律制度作为支撑,还需要在程序法治的实践中不断地加以检验并修正自己。     

证明责任之经济分析

民事诉讼所体现的价值已经不仅仅在于维护社会秩序、伸张社会正义、解决民事纠纷,随着社会的进一步的发展,诉讼效益和诉讼经济也是民事诉讼追求的价值目标之一。民事诉讼法的制定必须符合诉讼利益的最大化。法律的经济分析为改革和完善民事诉讼制度提供了方法和工具。本文在介绍法律经济学和简述证明责任概念的基础上,从提供证据责任和证明责任两方面对证明责任进行了经济分析。     

Political Ideology,Perceived Threat,and Justice Towards Immigrants

In multiethnic societies, issues of justice and fairness have become the focus of intense public debate. Although current psychological theories of distributive and procedural justice concentrate on multiple normative rules that guide allocation decisions, there is little research that focuses on the particular relationship between immigrants as recipients and members of the host society as allocators. In the present study Germans were asked about their opinions as to what Turkish immigrants in Germany deserve or are entitled to and to which degree they pose a threat to German culture. Political orientation of the allocator turns out to be an important predictor of how distributive and procedural justice concerns are evaluated. Both conservatives and liberals exhibit a different conception of what counts as distributive justice. With regard to procedural justice, however, liberals and conservatives did not differ much. Moreover, perceived threat to German culture is significantly related to distributive justice but not to procedural justice.     

Shaping Citizen Perceptions of Police Legitimacy: A Randomized Field Trial of Procedural Justice

Exploring the relationship between procedural justice and citizen perceptions of police is a well‐trodden pathway. Studies show that when citizens perceive the police acting in a procedurally just manner—by treating people with dignity and respect, and by being fair and neutral in their actions—they view the police as legitimate and are more likely to comply with directives and cooperate with police. Our article examines both the direct and the indirect outcomes of procedural justice policing, tested under randomized field trial conditions. We assess whether police can enhance perceptions of legitimacy during a short, police‐initiated and procedurally just traffic encounter and how this single encounter shapes general views of police. Our results show significant differences between the control and experimental conditions: Procedurally just traffic encounters with police (experimental condition) shape citizen views about the actual encounter directly and general orientations toward the police relative to business‐as‐usual traffic stops in the control group. The theorized model is supported by our research, demonstrating that the police have much to gain from acting fairly during even short encounters with citizens.     

Procedural justice in policing: the first phase of an Australian longitudinal study of officer attitudes and intentions

Despite the prominent role that procedural justice has taken in policing research, we know surprisingly little about police perceptions of procedural justice as an effective tool in their encounters with members of the public. In this study, we start with a focus on the perceptions of police recruits in a major police service, exploring their perceptions of procedural justice and its role in policing. Using data from a questionnaire of 450 police recruits in the early stages of their initial training, we find that orientations supportive of procedural justice significantly predict reported intentions to use procedural justice approaches in interacting with others, as well as the prioritization of procedural justice responses to a typical policing encounter (traffic violation). We also find that belief in an obligation to obey the law is significantly associated with perceived procedural justice outcomes. We argue that early supportive orientations towards procedural justice may be important in understanding police officers’ future interactions with members of the public, promoting positive evaluations of justice among citizens, and minimizing the risk of coercive encounters involving officer use of force.     

程序正义及其局限性

程序正义是现代法的程序结构派生出的一种伦理形态 ,其本质为程序之中的伦理、非人格化的伦理、相对化和形式化的伦理、程序化的制度伦理。现实当中的程序正义是选举、司法以及立法、行政管理正当化的观念基础 ,宪政民主体制的伦理内涵。然而 ,程序正义之不幸在于其代表的乃是强者的正义 ,因而对弱者的权利保障是宪政民主体制不可缺少的组成部分。     

公正立法与立法公开

公正立法在本质上是一种现代立法理念,在追求立法价值公正的同时,也追求立法程序的公正和立法结果的公正。公正的立法是在公正价值的指导下通过公正的程序而实现的。立法公开不仅是程序公正的组成部分,也是走向公正立法的重要途径。