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.     

Prison Legitimacy and Procedural Fairness: A Multilevel Examination of Prisoners in England and Wales

The procedural justice model has been widely used as an explanation for understanding legitimacy and compliance with the law, particularly within the context of policing. Central to this model is the importance of procedural fairness—in which the treatment of citizens and offenders by criminal justice agents can play a key role in building legitimacy and influencing compliance with legal rules and values. This paper examines the relationship between procedural fairness and legitimacy within the context of corrections. Drawing on data from a longitudinal survey of more than 3,000 prisoners across England and Wales, we identify an important link between procedural fairness and prisoner perceptions of legitimacy. We further examine variations in legitimacy in terms of individual prisoner characteristics, conditions within prison, as well as differences between prisons.     

The role of procedural justice in the allocation of limited resources: A West German perspective

Following the experimental design used by Barrett-Howard and Tyler (1986), this study examines the importance given by West German university students to procedural and distributive justice allocation decision making. After reading one of eight scenarios in which there was a limited resource to be allocated, the subjects answered questions concerning the importance and meaning of justice. For the most part, the results correspond to previous U.S. findings of the importance of procedural justice and its definition across various allocation settings. However, the West German students placed greater importance on having mechanisms for correcting inadequate decisions than did their American counterparts. Beyond the design of the initial U.S. study, however, the West German students were asked in an open-ended format to discuss their concerns in making the allocation decision. Nearly half of the unprompted responses centered around justice issues.     

Juvenile Justice and the 'Shift to the Left'

The notion of 'shift' is used as a symbol for procedure in criminal cases, understood as a sequence of legal interferences by the police, the prosecution and by proceedings in court. If this sequence is symbolised by a horizontal line, the procedural stages move from left to right. But the distribution of competences has recently lost its prior balance, due to 'modern' crime and society: The functions of the judge appear reduced, whereas the range of action of the prosecution has widened; also the police has gained more influence. On the symbolic line of procedural stages this all makes for a 'shift to the left'. This paper deals with the question as to whether juvenile justice is undergoing the same changes. The first answer is 'yes', based on the enlarged diversionary competence of prosecutors and the police. From a different perspective, however, juvenile offending is a 'natural' phenomenon connected with young age, which a priori places juvenile justice on a 'left' position of the imagined line. A plea is made for this juvenile justice to stick to its inherent concern for young offenders individually and not to sacrifice this to collective interests in public order and safety.     

“It Depends on the Outcome”: Prisoners,Grievances, and Perceptions of Justice

Social scientists have long investigated the social, cultural, and psychological forces that shape perceptions of fairness. A vast literature on procedural justice advances a central finding: the process by which a dispute is played out is central to people's perceptions of fairness and their satisfaction with dispute outcomes. There is, however, one glaring gap in the literature. In this era of mass incarceration, studies of how the incarcerated weigh procedural justice versus substantive justice are rare. This article addresses this gap by drawing on unique quantitative and qualitative data, including face‐to‐face interviews with a random sample of men incarcerated in three California prisons and official data provided by the California Department of Corrections and Rehabilitation (CDCR). Our mixed‐methods analysis reveals that these prisoners privilege the actual outcomes of disputes as their barometer of justice. We argue that the dominance of substantive outcomes in these men's perceptions of fairness and in their dispute satisfaction is grounded in, among other things, the high stakes of the prison context, an argument that is confirmed by our data. These findings do not refute the importance of procedural justice, but show the power of institutional context to structure perceptions of and responses to fairness, one of the most fundamental principles of social life.     

Developments in juvenile justice during the decade of the 70s: Juvenile detention facilities

A number of important developments in juvenile justice during the decade of the 70s are identified. Data were obtained from a sample of juvenile detention facilities in the late 1960s and again, from the same sample, in the late 1970s. The data obtained included the perceived purpose of detention, information concerning the detainees and personnel, and procedural and program information. The two sets of data were compared to determine whether the developments in the juvenile justice system were reflected in the detention segment of the system.     

Punishment,Accountability, and the New Juvenile Justice

The juvenile justice system has undergone radical change in the past three decades. The procedural revolution that began at the end of the 1960s with the Gault decision has more recently evolved into a substantive revolution. The changes in juvenile justice have been many and in some instances drastic, particularly in the apparent demise of the rehabilitative ideal. New theories or models have emerged, incorporating terminology such as punishment, justice, and accountability into the vocabulary of juvenile justice practitioners and the lexicon of state juvenile codes. The transformation in the philosophy and underlying goals of the system has been well-documented over the past decade or so. It is now time to ask critical questions about the significance and meaning of this transformation and to bring attention to unresolved issues. This article suggests the issues that need to be addressed in order to make both practical and philosophical sense out of the changes in the mission of “juvenile justice.”     

The International Movement of Prisoners

This article analyses and compares the evolution of the procedures and motivations for the international movement of prisoners under two systems operating in the United Kingdom ?C the inter-state prisoner transfer system and the international criminal justice enforcement system. It sets out the basic conditions for transfers under the current systems before outlining recent changes in the inter-state system to the requirement to obtain the consent of the proposed transferee (the prisoner) and the state that will implement the sentence. It proceeds to discuss the potential consequences and benefits these procedural modifications may entail for both systems. The paper concludes by evaluating the different and changing rationales used to justify the international movement of prisoners.     

Process-based model in adolescence. Analyzing police legitimacy and juvenile delinquency within a legal socialization framework

The empirical evidence on the process-based model of self-regulation shows that procedural justice evaluations and the perceived legitimacy of authorities impact law-abiding behavior. However, few studies analyze this theory from the perspective of adolescent legal socialization. The present study aims to examine the process-based model and other socializing agents such as family, school and peers that may have an effect on it. The sample comprised 2041 youths residing in Spain, aged between 13 and 18 years. The data form part of the Third International Self-Report Delinquency Study (ISRD-3). Multiple linear regression analyses were conducted to predict police legitimacy and juvenile delinquency. The results reveal that police legitimacy perceptions are not only influenced by procedural justice, but also by parental monitoring, school attachment, and delinquent peers. Moreover, perceptions of police legitimacy, parental monitoring, and delinquent peers predict juvenile delinquency. These findings complement and add new explanatory factors to the process-based model.     

Juvenile parole policy in the United States: Determinate versus indeterminate models

This paper presents an overview of eight approaches in juvenile parole policy for terminating, extending, and discharging youths from juvenile parole or aftercare. These types were derived from the results of a national survey of juvenile parole policy in the United States. This survey was sent to the departments of correction, youth service bureaus, and legislative service agencies for the 50 states. The survey sought comparative data on trends in substantive and procedural approaches for handling parole duration and discharge issues for juvenile offenders. These trends are evaluated in relation to movements toward formalism in corrections, recent reforms in juvenile sentencing, standards promulgated by various standard-setting groups, and recent shifts in juvenile justice philosophy in the United States.     

Contemporary technology in the development of an optimal juvenile investigation

The capacity of juvenile courts to aid troubled youth depends upon the quality of information upon which dispositional decisions are based. Difficulties in accomplishing adequate juvenile investigations compromise the courts' ability to achieve their objectives. Deficiencies in traditional juvenile investigations are identified, and characterized as including conceptual, procedural, and manpower problems. Some basic requirements of an “optimal” juvenile investigation are presented. The authors' Computer Assisted Regional Evaluation System is used to illustrate how contemporary technological advances in on-line computer systems can provide a basis for accomplishing such optimal investigations, can facilitate the achievement of the objectives of the juvenile justice system and, at the same time, upgrade the capabilities of its juvenile probation workers.     

“适当成年人”讯问时在场制度研究——以未成年犯罪嫌疑人为中心

"适当成年人"讯问时在场制度是西方国家普遍规定的一项制度,旨在通过适当成年人在警察讯问时的在场来保证未成年犯罪嫌疑人免受警察的不当压迫,从而实现程序的公正。为保护未成年犯罪嫌疑人的权利,我国应当在目前司法解释的基础上全面确立该项制度。     

Overview of Language Rights in the International Criminal Law Sentencing Models

This paper examines the ‘deep-end’ of the international justice process—the incarceration of persons convicted in specially constituted international criminal tribunals and courts for gross violations of human rights, genocide, crimes against humanity and war crimes with a focus on language rights of such prisoners who are commonly serving sentences in foreign prisons. The punishment phase of the international justice process and its effects are not easily quantifiable and have been largely hidden from view. Although international criminal law asserts that equal treatment before the law requires that there be no significant disparity in punishment regimes from one sentence-enforcing country to another, comparative penology shows that there are considerable differences in the conditions of confinement and the nature of correctional services in the prison systems of different countries. This has a direct impact on post-sentence procedural and rehabilitation rights of which language rights from a key part. In this specific context, and drawing from existing literature, the paper therefore examines the extent to which enforcement practice conforms to the ideal of equal treatment espoused by the tribunals.     

The German “Wutbürger”: How Justice Sensitivity Accounts for Individual Differences in Political Engagement

Perceived injustice can trigger strong emotional reactions and motivate political protest. Although there is vast empirical evidence for this chain of reactions, we know little about individual differences in how perceived injustice can motivate people to engage in political actions. In a survey study with 1,005 German participants, we investigated how justice sensitivity as a personality disposition accounts for individual differences in political engagement. Regression analyses revealed that justice sensitivity from an observer perspective promotes political engagement, whereas justice sensitivity from a victim perspective is not related to political engagement . In the concrete case of a political decision regarding the public transport project “Stuttgart 21” in Germany, our data indicated that perceived procedural injustice of the decision process and moral outrage mediated the relation of justice sensitivity from an observer perspective and political protest. The present findings are in line with research on the behavioral outcomes of justice sensitivity and contribute to the understanding of individual differences in political engagement and its underlying motivational processes.     

The right to counsel in juvenile court

Research Summary The U.S. Supreme Court in In re Gault granted delinquents the right to counsel in juvenile courts. Decades after Gault, efforts to provide adequate defense representation in juvenile courts have failed in most states. Moreover, juvenile justice administration varies with structural context and produces justice-by-geography. In 1995, Minnesota enacted juvenile law reforms, which include mandatory appointment of counsel. This pre- and post-reform legal impact study compares how juvenile courts processed youths before and after the statutory changes. We assess how legal changes affected the delivery of defense services and how implementation varied with urban, suburban, and rural context. Policy Implications We report inconsistent judicial compliance with the mandate to appoint counsel. Despite unambiguous legislative intent, rates of representation improved for only one category of offenders. However, we find a positive reduction in justice by geography, especially in rural courts. Given judicial resistance to procedural reforms, states must find additional strategies to provide counsel in juvenile courts.     

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.

     

The myth of the new female offender: Some evidence from attitudes toward law and justice

This study compared the attitudes of male and female prisoners toward law and justice. Three distinct factors were examined: attitudes toward criminal justice personnel, attitudes concerning the sanctity of law, and attitudes regarding rationalizations for law violation and conditions justifying it. Female prisoners were found to exhibit more negative attitudes toward criminal justice system personnel but more positive attitudes toward the sanctity of the law, and they did not endorse rationalizations for law violation. The finding of females' positive attitudes toward the law is consistent with gender role socialization. The study findings indicate strong internalization of gender roles by the female prisoners. The women's negative attitudes toward criminal justice personnel may have resulted from differential expectations or from the fact that women experience incarceration differently than men. Further research is necessary to clarify this finding. The present study suggests that if there is a “new breed” of female offenders who are hostile to law and justice, they do not represent the majority of women who are incarcerated in American correctional institutions.     

An Evaluation of Teen Court as a Juvenile Crime Diversion Program

Theories of procedural justice support the American legal system's search for a fair and effective means of diverting offenders from the juvenile court system. Teen Court programs, in which juvenile offenders are tried and sentenced by a jury of peers, are one of the latest developments in attempts to positively influence offenders and direct them free of crime. The present research found that participation in Teen Court increased offenders' legal knowledge and enhanced their attitudes toward some authority figures (i.e., the judge) and themselves to a greater extent than non‐offending juveniles. In addition, only 12.6 percent of juvenile offenders re‐offended within five months of their initial Teen Court involvement. Improved attitudes toward authority and self were associated with a lower incidence of recidivism. Overall, these results contribute to the growing literature indicating that Teen Court can be an effective juvenile crime diversion program. This article also discusses methodological issues for future program evaluations.     

美国少年司法的新近发展

作为世界上第一个少年司法制度的诞生地———美国 ,它的少年司法体系的改革令人关注。本文回顾了美国少年司法政策的发展历史 ,并系统地检验了美国少年司法体制 ,总结了美国少年司法的历史 ,阐述了美国少年司法近年来的发展状况 ,这些发展推动了学者们对美国少年司法的深入研究 ,从而为处理青少年偏差行为指明了合理、有效的策略。本文还涉及到意识形态、政治策略和媒体对少年司法的公共政策的影响问题 ,最后探讨了将来美国少年司法领域中可能出现的争议。     

Cynicism among juvenile probation officers: A study of subverted ideals

Since Niederhoffer's pioneering work with police, much attention has been paid to cynicism in several criminal justice settings. This research has led to a concept of cynicism as multidimensional. Based on these research findings, this study investigated cynicism in a new setting—juvenile probation. The specific focus was cynicism toward the rehabilitative ideal in juvenile justice. The study found that professionalism and longevity had effects that were opposite to what has been found in other settings. Moreover, this study found that idealistic cynicism is independent of perceptions of procedural efficacy, delinquency etiology, and, importantly, JPO role performance. We take these results to be in keeping with a general conclusion that cynicism is a judgment that varies within and across settings, audiences, and philosophical ideals, which calls for continued research refined by greater appreciation of situational specificity.