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.

     

Museums and the Active Citizen: Tackling the Problems of Social Exclusion

The aim of this paper is to attempt to determine the role of museums in combating social exclusion through facilitating active citizenship. It does this by presenting the results of an analysis that used a modified form of a model of citizenship created by Makela as a framework to explore the data generated by an empirical study. By focusing upon respondents in an holistic way, so understanding their experiences of museum based exhibitions and community development projects within the contexts of their lives, the study concludes that museums were able to overcome many of the barriers to active citizenship that were identified. However, it was also evident that they themselves were creating barriers as some were physically or intellectually inaccessible to a number of study participants. The most significant contribution of museums in developing active citizens was to provide a context for constructing a sense of identity and so develop greater self-confidence. The paper concludes that if the potential that museums have fostered is to be released government agencies need to work together.     

AmpFlSTR Profiler Plus and AmpFlSTR COfiler analysis of tissues stored in GenoFix, a new tissue preservation solution for mass disaster DNA identification

A preliminary study was conducted to assess the capability of a new alcohol-based tissue fixative, GenoFix, to preserve DNA from biopsy tissues stored at room temperature and/or -20 degrees C in a freezer, for subsequent short tandem repeat (STR) DNA typing analysis. Fresh human smooth muscle samples were stored at room temperature in GenoFix for one month and up to one year and seven months before being processed using the megaplex STR systems, AmpFlSTR Profiler Plus and AmpFlSTR COfiler. Alternatively, muscle tissues in GenoFix were placed at -20 degrees C in a freezer for up to 3 1/2 years following two to three months in the fixative at room temperature. DNA analysis was also carried out on tissues stored in GenoFix for one month at room temperature and subsequently paraffin-embedded and stored at room temperature for four years. The AmpFlSTR Profiler Plus and AmpFlSTR COfiler STR profiles produced, using DNA extracted from all fixed tissue samples, were of very good quality. The fluorescent signals were well balanced across the nine STR loci or six loci comprised in the megaplexes surveyed and profiles showed no differences with those observed for the control blood of the respective donor patients. Continuous exposure to GenoFix at room temperature (up to one year and seven months) did not compromise the STR typing analysis of the fixed tissues. No adverse effects were noted on the STR typeability of tissues fixed with GenoFix and stored at -20 degrees C in a freezer for up to 3 1/2 years. STR profiles generated from the paraffin-embedded tissues fixed in GenoFix were of excellent quality. This preliminary study suggests that GenoFix can be used to store tissue samples at room temperature for up to one year and seven months or at -20 degrees C in a freezer for longer storage (up to 3 1/2 years). This new and odorless tissue fixative promotes tissue and DNA preservation in a very effective manner and as such may prove useful in criminal investigations or mass disaster identifications carried out in remote locations and in which a small or large number of tissue samples are collected for further analyses.     

Clinical ethics committees, due process and the right to a fair hearing

The development of clinical ethics committees in the United Kingdom raises a number of important questions about the extent to which they are compatible with the normative values of due process. If committees are to be active in delivering ethics services, it is argued that attention to due process is important. Based on research outcomes, it seems that the chairs of the United Kingdom clinical ethics committees who responded are reasonably satisfied about the ability of their committees to make ethical decisions and slightly less confident about their ability to make legal decisions. If these committees are to make potentially far-reaching decisions (whether or not involving live consultations), it is argued here that they must pay attention to the rules associated with the legal concept of due process. Equally, evaluation of the clinical ethics committee's counterpart in the United States suggests that they may become increasingly authoritative, especially as their role becomes entrenched. This makes attention to due process even more important. However, it is also proposed that, when committees become concerned about due process, their ability to "do ethics" is constrained.     

Fiscal Federalism in Australia

Australia displays high vertical fiscal imbalance (VFI) for historical and constitutional reasons. It also attempts to achieve the highest degree of horizontal fiscal equalization (HFE) to be found in any democratic federation. The Commonwealth Grants Commission (CGC), a non-partisan body at arm's length from politicians, oversees the regime. A recent report claims that equity, efficiency and transparency would all improve if the regime were abolished. Such a change is politically unachievable, but it raises interesting issues in public finance and public administration, which carry over to other federations and union states.
An economically efficient system would: minimize perverse incentives, especially incentives to seek rent; encourage states to grow; discourage suboptimal location decisions; minimize transaction costs. An equitable system would maximize equity between relevantly similar individuals. Aspects of the Australian system that should be copied include the non-partisan agency and the target of HFE between component parts of the country. Aspects that should be discussed and perhaps copied include the very extensive equalization, including the feature of equalizing away the effects of grants for special purposes. Aspects that should probably not be copied include the cumbersome formulae and some of the perverse methods of calculating for 'needs'. All abbreviations and acronyms are spelt out in the Appendix on page 37.