Quarterly Research Report

New Developments in Procedural Fairness: Winter 2018 Quarterly Report

This report, edited by Justine Greve, M.A., Kansas Court of Appeals and Shelley Spacek Miller, J.D., National Center for State Courts, highlights the most notable procedural fairness scholarship released over the past quarter. Each quarterly issue will also include a listing of other articles that are of particular relevance to procedural fairness and the courts. Recent news and events, if available, complete the report. Articles that are not yet in print but available on the publishers website are identified with 'published online,' and articles available via open source are denoted by a double asterisk. A pdf version of this issue can also be found here.


General Research

Yarrow Dunham, Allison Durkin & Tom R. Tyler, The Development of a Preference for Procedural Justice for Self and Others, 8 Sci. Rep. 17740 (2018), https://www.nature.com/articles/s41598-018-36072-1.

Adults prefer fair processes (“procedural justice”) over equal outcomes (“distributive justice”). This preference impacts their judgments of others in addition to their willingness to cooperate, raising questions about whether similar preferences drive judgments and behavior in children. The present study examines the development of this preference for procedural justice by testing children’s attitudes towards procedural justice using a resource allocation task in both first- and third-party contexts, and in contexts in which the procedurally just process does versus does not create distributional injustice. Results from children 4 to 8 years of age demonstrate that children robustly attend to and prefer procedural justice over distributive justice. However, younger children are less likely to prefer methods that are procedurally just or that create distributively just outcomes in first-party contexts, when distributive injustice might favor them. Results suggest an interplay between abstract justice concerns and the emerging ability to override selfishness.

Cynthia Rudin, Caroline Wang & Beau Coker, The Age of Secrecy and Unfairness in Recidivism Prediction (November 2, 2018) (unpublished working paper), https://arxiv.org/pdf/1811.00731.pdf.

In our current society, secret algorithms make important decisions about individuals. There has been substantial discussion about whether these algorithms are unfair to groups of individuals. While noble, this pursuit is complex and ultimately stagnating because there is no clear definition of fairness and competing definitions are largely incompatible. We argue that the focus on the question of fairness is misplaced, as these algorithms fail to meet a more important and yet readily obtainable goal: transparency. As a result, creators of secret algorithms can provide incomplete or misleading descriptions about how their models work, and various other kinds of errors can easily go unnoticed. By partially reverse engineering the COMPAS algorithm -- a recidivism-risk scoring algorithm used throughout the criminal justice system -- we show that it does not seem to depend linearly on the defendant's age, despite statements to the contrary by the algorithm's creator. Furthermore, by subtracting from COMPAS its (hypothesized) nonlinear age component, we show that COMPAS does not necessarily depend on race, contradicting ProPublica's analysis, which assumed linearity in age. In other words, faulty assumptions about a proprietary algorithm lead to faulty conclusions that go unchecked without careful reverse engineering. Were the algorithm transparent in the first place, this would likely not have occurred. The most important result in this work is that we find that there are many defendants with low risk score but long criminal histories, suggesting that data inconsistencies occur frequently in criminal justice databases. We argue that transparency satisfies a different notion of procedural fairness by providing both the defendants and the public with the opportunity to scrutinize the methodology and calculations behind risk scores for recidivism.

Justin C. Medina & Herbert Rodrigues, The Effects of Victimization and Fear of Crime on the Legal Socialization of Young Adolescents in São Paulo, Brazil, Int’l J. Offender Therapy & Comp. Criminology (published online December 2018), https://journals.sagepub.com/doi/abs/10.1177/0306624X18818810.

It is important to understand how young adolescents come to view authorities during formative years. Experiencing, witnessing, and fearing victimization have been linked to the process of legal socialization and subsequent attitudes and behavior. In addition, procedural justice may influence adolescent perceptions of fairness of the authorities. The present study tested whether procedural justice mediated and moderated the relationship between young adolescents’ direct and vicarious victimization and developing a sense of legitimacy in authority and cynicism towards authority. A longitudinal sample of 800 Brazilian students, age 11 to 12, living in São Paulo was used to fit structural equation models to examine these relationships. The findings revealed a partial link between victimization and legal socialization. The overall mediating model significantly predicted the direct and indirect relationships between victimization and fear of crime and the formation of legitimacy and cynicism. The moderating effect of procedural justice on direct victimization also significantly predicted the formation of legitimacy. Implications and future research directions are discussed.

Lindsay Fulham, The Effectiveness of Restorative Justice Programs: A Meta-Analysis of Recidivism and Other Outcomes (2018) (unpublished M.A. thesis, Carleton University), https://curve.carleton.ca/bf9aa4b2-db91-4815-90fa-c52dbd95ae4f.

Restorative justice (RJ) is an alternative approach to the traditional criminal justice system (CJS) that focuses on repairing harm. Despite the recent proliferation of RJ programs, research suggests that their efficacy depends on various factors such as study methodology. The goal of the present study was to synthesize previous research on the effects of RJ in reducing recidivism as well as improving other outcomes. The findings from 59 studies on 67 samples examining the effectiveness of RJ programs were analyzed. The results revealed that RJ was associated with significant moderate reductions in general recidivism and improvements in satisfaction, procedural justice, offender accountability, offender attitudes, and reoffence severity. There were significant sample, study, and program moderators for general recidivism and victim procedural justice. Taken together, the results provide moderate support for the efficacy of RJ programs in reducing recidivism and suggest their potential for improving other outcomes over traditional CJS approaches.


Compliance and Cooperation 

Policing

Police–Citizen Relations Across the World: Comparing Sources and Contexts of Trust and Legitimacy (Dietrich Oberwittler & Sebastian Roché eds., 2018), https://www.routledge.com/Police-Citizen-Relations-Across-the-World-Comparing-sources-and-contexts/Oberwittler-Roche/p/book/9781138222861.

Police–citizen relations are in the public spotlight following outbursts of anger and violence. Such clashes often happen as a response to fatal police shootings, racial or ethnic discrimination, or the mishandling of mass protests. But even in such cases, citizens’ assessment of the police differs considerably across social groups. This raises the question of the sources and impediments of citizens’ trust and support for police. Why are police–citizen relations much better in some countries than in others? Are police–minority relations doomed to be strained? And which police practices and policing policies generate trust and legitimacy? Research on police legitimacy has been centred on US experiences, and relied on procedural justice as the main theoretical approach. This book questions whether this approach is suitable and sufficient to understand public attitudes towards the police across different countries and regions of the world. This volume shows that the impact of macro-level conditions, of societal cleavages, and of state and political institutions on police–citizen relations has too often been neglected in contemporary research. Building on empirical studies from around the world as well as cross-national comparisons, this volume considerably expands current perspectives on the sources of police legitimacy and citizens’ trust in the police. Combining the analysis of micro-level interactions with a perspective on the contextual framework and varying national conditions, the contributions to this book illustrate the strength of a broadened perspective and lead us to ask how specific national frameworks shape the experiences of policing.

Lily B. Jones & Stuart D. M. Thomas, A Pilot Study Exploring Mental Health Consumers’ Experiences with the Police, Psychiatry, Psychol. & L. (published online October 2018), https://www.tandfonline.com/doi/abs/10.1080/13218719.2018.1504240.

Police encounters with people experiencing mental illness are both common and problematic. While there is an international body of literature on police officers’ perceptions of mental-health-related incidents, few studies have sought to understand these encounters from the perspectives of people experiencing mental illness. This pilot study recruited 26 people through a state-wide Consumer Advisory Group who completed an online survey regarding their encounters with police. Results indicated that when people perceived procedurally just treatment from police they were more likely to co-operate with them and to evaluate the encounter positively. The nature of police involvement and levels of internalised stigma moderated the association between perceived procedural justice and their evaluation. Prior contacts were also important in shaping participants’ overall attitudes towards police. Findings highlight the importance of officers treating people experiencing mental illness fairly and respectfully to facilitate peaceful encounters and help foster more positive perceptions of the police.

Richard K. Moule Jr. et al., Assessing the Direct and Indirect Effects of Legitimacy on Public Empowerment of Police: A Study of Public Support for Police Militarization in America, Law & Soc’y Rev. (published online December 2018), https://onlinelibrary.wiley.com/doi/full/10.1111/lasr.12379.

The process‐based model dominates contemporary American research on police‐community relations and perceptions of police. A sizable literature has examined the linkages between procedural justice, legitimacy, compliance with the law, and cooperation with police. Less examined is the relationship between legitimacy and public empowerment of police. This study examines this relationship, focusing on police militarization. We first examine the direct effect of legitimacy on public willingness to allow police to become more militarized. Drawing from cognitive psychology and rational choice theories, we then consider indirect paths between legitimacy and empowerment, concentrating on two anticipated consequences of militarization—an increase in police effectiveness and possible harm to civil liberties. Using a national sample of over 700 American adults, and structural equation modeling, results indicate legitimacy has both direct and indirect effects on police empowerment, in part by shaping assessments of the possible consequences of empowerment. Implications for theory and policy are discussed.

Clair White, David Weisburd & Sean Wire, Examining the Impact of the Freddie Gray Unrest on Perceptions of the Police, 17 Criminology & Pub. Pol’y 829 (2018), https://onlinelibrary.wiley.com/doi/abs/10.1111/1745-9133.12404.

Research Summary: Taking advantage of a large residential survey that was ongoing in Baltimore, Maryland, during the riots surrounding the death of Freddie Gray in 2015, in this study, we examined changes in attitudes of procedural justice and police legitimacy before and after the events occurred. We found little change in measures of obligation to obey the law, trustworthiness of the police, and procedural justice among residents of Baltimore.

Policy Implications: The police are facing a challenging period of turmoil and reform as incidents of police use of force against minorities continue to draw national attention. Our findings suggest, however, that these macro‐level events may have little immediate impact on views of police legitimacy and procedural justice, as contrasted with longer term historical relationships between the police and the public. We argue that more research is needed to understand broader societal factors that shape people's perceptions of the police as law enforcement and policy makers search for policies and programs to build trust with minority communities.

Andrea Allen & Scott Jacques, “He Did That Because I Was Black”: Black College Students Perceive Municipal Police, Not Campus Police, As Discriminating, Deviant Behav. (published online December 2018), https://www.tandfonline.com/doi/abs/10.1080/01639625.2018.1519133?journalCode=udbh20.

This article examines qualitative data obtained from 66 Black college students about perceptions of their interactions with municipal police (MP) and campus police (CP). Participants described MP and CP as acting severely, but only attributed racial bias to MP. These findings are explored with respect to theories of procedural justice and legitimacy. They help to explain why participants viewed MP’s actions as racially biased, though it is less clear why CP’s actions were not perceived as such.

Mustafa Demir et al., Body Worn Cameras, Procedural Justice, and Police Legitimacy: A Controlled Experimental Evaluation of Traffic Stops, Just. Q. (published online October 2018), https://www.tandfonline.com/doi/abs/10.1080/07418825.2018.1495751.

Police legitimacy is generally regarded as a view among community members that police departments play an appropriate role in implementing rules governing public conduct. Placing body worn cameras (BWCs) on police officers has been suggested as a potentially important response to police legitimacy crises. We use a rigorous controlled quasi-experimental evaluation to test the impact of BWCs on citizen perceptions of procedural justice and police legitimacy during traffic stops in Turkey. Relative to stops by officers without BWCs, we find that motorists stopped by officers with BWCs reported improved perceptions of procedural justice in the encounter and perceptions of legitimacy of traffic officers and the police more generally. Supplementary analyses suggest that the perceived improvements in police legitimacy were entirely driven by perceived enhancements in procedural justice during the traffic stop encounter. These findings suggest that body camera technology help ensure procedurally just encounters and improve public perceptions of police legitimacy.

Justin Pickett & Justin Nix, Demeanor and Police Culture: Theorizing How Civilian Cooperation Influences Police Officers, Policing (published online December 2018), https://www.researchgate.net/publication/329786987_Demeanor_and_Police_Culture_Theorizing_How_Civilian_Cooperation_Influences_Police_Officers.

This study revisits classic theoretical arguments regarding the broad effects of civilian demeanor on policing and extends associated findings. Our theoretical framework draws on insights from the literatures on police culture, the group engagement model and fairness heuristic theory. We argue that demeanor is best conceptualized as the degree of procedural justice exhibited by civilians toward police. Theoretically, procedurally just cooperation should influence officers’ adherence to police culture by affecting their social identification and assessments of civilians’ motives and moral deservingness. To test our hypotheses, we surveyed sworn officers from a large metropolitan police department in the southeastern United States in the fall of 2016. Results reveal that officers use their procedural justice judgments as heuristics to assess civilians’ trustworthiness, dangerousness, and moral deservingness, and these judgments influence their policing style. Officers who perceive greater procedurally just cooperation by civilians feel less threatened by the public, are more willing to use procedural justice themselves, and are less supportive of a “tough cop” policing style. We propose that: (1) civilian demeanor is best conceptualized as the extent to which civilians exhibit procedural fairness towards the police, and (2) in order for meaningful police reform to occur, it is important to acknowledge the role of civilian demeanor in shaping officers’ attitudes, beliefs, and behaviors.

Seung Yeop Paek, Mahesh K. Nalla & Julak Lee, Perception of Police Legitimacy Among Private Security Officers, Security J. (published online December 2018), https://link.springer.com/article/10.1057/s41284-018-00163-5.

The private security market is growing around the world, and public police are no longer the predominant agents of order maintenance and crime prevention. This development has important implications as different policing agents come in contact with each other. Specifically, understanding how they view each other can help increase the benefits of today’s paradigm of security governance. Despite abundant research on citizen perceptions of police, few studies explore private security officers’ opinions about their public counterparts. Therefore, this research explores private security officers’ perceptions of the police in South Korea. Results show that the respondents’ attitudes toward police performance and distributive and procedural justice have varying influences on the three dimensions of police legitimacy: Obligation to obey, trust, and normative alignment. Additionally, the authors suggest the police should understand that private security officers’ perceptions of police legitimacy are influenced by distinct factors depending on contact experience and employment type.

Carolyn Naoroz, Police Officer Perceptions of Organizational Justice and Body-Worn Cameras: A Civilizing Effect? (2018) (unpublished Ph.D. dissertation, Virginia Commonwealth University), https://scholarscompass.vcu.edu/etd/5659/.

This research sought to understand the potential association between officer perceptions of organizational justice and officer perceptions of body-worn cameras (BWCs). A questionnaire was administered to a convenience sample of 362 officers from the 750 sworn personnel from the Richmond Police Department in Richmond, VA, yielding a response rate of 91% and representing 44% of the Richmond Police Department’s sworn employees. This study extends prior work by partially replicating a previous BWC survey conducted by leading body-worn camera scholars, utilizing a large sample from an urban mid-Atlantic police department. This study also extends prior work on officer perceptions of organizational justice by examining officer perceptions of personal behavior modifications motivated by BWCs. Findings indicate that officers had positive general perceptions of BWCs but did not perceive that their own behavior would change due to wearing a BWC. Officers reported high perceptions of self-legitimacy and mixed perceptions of organizational justice; for example, although three quarters of respondents (74.6%) felt that command staff generally treats employees with respect, less than a third felt command staff explained the reasons for their decisions (29.1%) and that employees had a voice in agency decisions (29.7%), indicating areas for improvement in agency communication. Exploratory factor analysis yielded three separate organizational justice factors: procedural justice, distributive justice, and interactional justice. Regression analyses indicated that only procedural justice had a significant association with officers’ general perceptions of BWCs after controlling for officer demographics and perceptions of self-legitimacy (β = .20, p < .001), and there were no significant correlations between officer perceptions of organizational justice constructs and their perceptions of personal behavior modification motivated by BWCs. Policy recommendations include quarterly command staff attendance at precinct roll calls to improve internal department communication and an evaluation of the promotion process to improve officer perceptions of organizational justice. Practitioner/researcher partnerships are recommended to realize the full potential of BWC video data in improving department training and policies.

Luye Li, Procedural Justice and Police Legitimacy: Untangling the Effects of Race/Ethnicity-Based Situation and Organizational Characteristics of Police Agency (2018) (unpublished Ph.D. dissertation, University of Delaware), http://udspace.udel.edu/handle/19716/23982.

In the 21st century, law enforcement agencies have increasingly realized the importance of police-civilian contacts in shaping public evaluations of legal authorities. Empirical evidence has shown a strong linkage between procedural justice embedded in police-civilian contacts and public views of the police as legitimate institutions. Although racial disparities have been found in public perception of the police with African Americans being the most critical group of the police, studies have rarely investigated the possible influences of race/ethnicity-based situations, defined mainly by the nexus of civilian and officer race and ethnicity, on police legitimacy. . . . Using the Police-Community Interaction Survey (PCI) and the Law Enforcement Organizations Survey (LEO) of the National Police Research Platform Phase II, 2013-2015, the current study assesses the effects of the nexus of officer race and civilian race/ethnicity, as well as police internal procedural justice and policing strategies, on public perceptions of procedural justice and police legitimacy. . . . The major findings of this study are: Black civilians were less likely to perceive the police procedurally just and legitimate than White civilians; this Black-White divide in perceptions widens in encounters involving Black civilians and White officers and the negative effect of this racial combination on perception of police legitimacy is partially mediated by procedural justice; Hispanic civilians perceived White officers to be more legitimate compared to their White counterparts, and procedural justice enhances such relatively positive effect. These findings highlight the importance of procedural justice in developing a healthy police-public relation, advance our knowledge of the complexities of race/ethnicity in shaping civilians’ perceptions of police, and inform police administrators of potential organizational reforms to enhance police legitimacy.

Krisztián Pósch, Procedural Justice Theory and the Black Box of Causality (2018) (unpublished Ph.D. thesis, The London School of Economics and Political Science), http://etheses.lse.ac.uk/3805/1/Posch__procedural-justice-theory.pdf.

This thesis makes a theoretical and a methodological contribution. Theoretically, it tests certain predictions of procedural justice policing, which posits that neutral, fair, and respectful treatment by the police is the cornerstone of fruitful police-public relations, in that procedural justice leads to increased police legitimacy, and that legitimacy engenders societally desirable outcomes, such as citizens’ willingness to cooperate with the police and compliance with the law. Methodologically, it identifies and assesses causal mechanisms using a family of methods developed mostly in the field of epidemiology: causal mediation analysis. The theoretical and methodological aspects of this thesis converge in the investigation of (1) the extent to which procedural justice mediates the impact of contact with the police on police legitimacy and psychological processes (Paper 1), (2) the mediating role of police legitimacy on willingness to cooperate with the police and compliance with the law (Paper 3, Paper 4), and (3) the psychological drivers that channel the impact of procedural justice on police and legal legitimacy (Paper 2). This thesis makes use of a randomized controlled trial (Scottish Community Engagement Trial), four randomized experiments, and one experiment with parallel (encouragement) design on crowdsourced samples from the US and the UK (recruited through Amazon Turk and Prolific Academic). The causal evidence attests to the centrality of procedural justice, which mediates the impact of an encounter with the police on police legitimacy, and influences psychological processes and police legitimacy. Personal sense of power, not social identity, is the causal mediator of the effect of procedural justice on police and legal legitimacy. Finally, different aspects of legitimacy transmit the influence of procedural justice on distinct outcomes, with duty to obey affecting legal compliance and normative alignment affecting willingness to cooperate. In sum, most of the causal evidence is congruent with the theory of procedural justice.

Susann Wiedlitzka et al., Perceptions of Police Legitimacy and Citizen Decisions to Report Hate Crime Incidents in Australia, 7 Int’l J. Crime Just. & Soc. Democracy 91 (2018), https://www.crimejusticejournal.com/article/view/907/670.

This article examines the importance of perceptions of police legitimacy in the decision to report hate crime incidents in Australia. It addresses an identified gap in the literature by analyzing the 2011-2012 National Security and Preparedness Survey (NSPS) results to not only explore differences between hate crime and non-hate crime reporting but also how individual characteristics and perceptions of legitimacy influence decisions about reporting crime to police. Using the NSPS survey data, we created three Generalized Linear Latent and Mixed Models (Gllamm), which explore the influence of individual characteristics and potential barriers on the decision to report crime/hate crime incidents to police. Our results suggest that hate crimes are less likely to be reported to police in comparison to non-hate crime incidents, and that more positive perceptions of police legitimacy and police cooperation are associated with the victim’s decision to report hate crime victimization.

Avital Mentovich et al., Policing Alienated Minorities in Divided Cities, Reg. & Governance (published online November 2018), https://onlinelibrary.wiley.com/doi/abs/10.1111/rego.12232.

Minority groups frequently challenge the legitimacy of legal authorities, particularly the police. Without trust and legitimacy, the police encounter constant conflict and cannot function effectively. While past research has examined minorities’ perceptions of the police, national minorities provide an interesting and under‐investigated test case because of their inherent identity conflict with the state. The current research examines three factors to explain minority–majority disparities in views of the police: (i) police effectiveness and fairness; (ii) intergroup discrimination (termed relative deprivation in policing); and (iii) identification with the state. Findings from a survey of Jewish and Arab residents of nationally mixed neighborhoods in Israel (n = 394) suggest that while all of these factors account for minority–majority discrepancies in views of the police, perceptions of police fairness are particularly important. Furthermore, feelings of discrimination and low levels of identification with the state are less important than evaluations of fairness in explaining minorities’ negative perceptions of the police.

Mie Birk Haller et al., Minor Harassments: Ethnic Minority Youth in the Nordic Countries and Their Perceptions of the Police, Criminology & Crim. Just. (published online October 2018), https://pure.au.dk/portal/files/135199396/Minor_harassments_Accepted_manuscript_2018.pdf.

As different social groups are directly and indirectly confronted with diverse forms of police practices, different sectors of the population accumulate different experiences and respond differently to the police. This study focuses on the everyday experiences of the police among ethnic minority young people in the Nordic countries. The data for the paper is based on semi-structured interviews with 121 young people in Sweden, Norway, Finland and Denmark. In these interviews, many of the participants refer to experiences of “minor harassments” - police interactions characterized by low-level reciprocal intimidations and subtle provocations, exhibited in specific forms of body language, attitudes, and a range of expressions to convey derogatory views. We argue that ‘minor harassments’ can be viewed as a mode of conflictual communication which is inscribed in everyday involuntary interactions between the police and ethnic minority youth and which, over time, can develop an almost ritualized character. Consequently, minority youth are more likely to hold shared experiences that influence their perceptions of procedural justice, notions of legitimacy, and the extent to which they comply with law enforcement representatives.

Kristina Murphy, Natasha S. Madon & Adrian Cherney, Reporting Threats of Terrorism: Stigmatisation, Procedural Justice and Policing Muslims in Australia, Policing & Soc’y (published online November 2018), https://www.tandfonline.com/doi/abs/10.1080/10439463.2018.1551393.

The increase in Islamic-inspired terrorism on Western soil has led governments around the world to introduce new counter-terrorism laws and more intrusive police practices aimed at countering the threat of terrorism. This has had a profound negative impact on Muslim communities living in the West who have expressed feeling stigmatized by institutional responses to terrorism. Such feelings of stigmatization have implications for Muslims’ willingness to work collaboratively with authorities to counter terrorism. Using survey data collected from 800 Muslims living in Australia, the current study investigates whether Muslims’ perceptions of procedural justice policing can mitigate the effect of feeling stigmatized on their willingness to report terror threats to authorities. We find that both lower levels of stigmatization and positive perceptions of procedural justice policing are associated with Muslims’ greater willingness to report terrorism threats to police. However, we also find that procedural justice moderates the relationship between feeling stigmatized and reporting intentions. Specifically, procedural justice has a stronger positive effect on reporting intentions for those Muslims who feel more stigmatized. In other words, highly stigmatized Muslims place more salience on procedural justice when deciding whether to report information to police. The implications of these findings for theory and police practice are discussed.

Caitlin Cavanagh & Elizabeth Cauffman, The Role of Rearrests in Juvenile Offenders’ and Their Mothers’ Attitudes Toward Police, Law & Hum. Behav. (published online November 2018), http://psycnet.apa.org/record/2018-59332-001.

Both personal experience and parental attitudes shape youths’ attitudes toward the justice system. The present study tested the influence of (a) youth rearrests and (b) parents’ attitudes toward police on trajectories of youthful offenders’ attitudes toward police over 3 years. Among a sample of 317 first-time male juvenile offenders and their mothers, group-based trajectory modeling identified 4 trajectories of youths’ attitudes toward police over the 3 years since the youths’ first arrests. Mothers with more positive initial attitudes toward the police were more likely to have sons who were part of 1 of the 2 positive attitude trajectory groups than the 2 negative attitude trajectory groups. In contrast, youth rearrests were rarely associated with trajectory group membership, suggesting that a mother’s attitude toward the police may outweigh a youth’s own experience (via arrests) with the justice system in determining trajectories of his attitudes toward the police. Additionally, the present study tests whether parents’ own attitudes toward police are predicted by their children’s rearrests. We found that mothers whose sons were rearrested during the study period had more negative attitudes toward the police. The results add a novel component to our understanding of family attitude dynamics as related to perceptions of law enforcement and juvenile arrests. Overall, a family level perspective is necessary when considering the effects of rearrests on youths’—and their parents’—attitudes toward the police.

Darren Wheelock, Meghan S. Stroshine & Michael O’Hear, Disentangling the Relationship Between Race and Attitudes Toward the Police: Police Contact, Perceptions of Safety, and Procedural Justice, Crime & Delinq. (published online November 2018), https://journals.sagepub.com/doi/abs/10.1177/0011128718811928.

Recent incidents involving police shootings of unarmed men of color have increased tensions between communities and police departments across the United States. In response, scholars have intensified efforts to understand the factors that shape attitudes toward the police. The current study examines individual and aggregate factors that influence satisfaction with the police. To this end, we address three research questions: (a) are there significant racial/ethnic differences in satisfaction with police; (b) do these differences persist after accounting for experiences with the police, perceptions of safety, and aggregate measures; and (c) can procedural justice help explain racial variation in attitudes toward the police? Study findings highlight the importance of perceptions of safety in explaining racial/ethnic variation in attitudes toward the police.

Arif Nawaz & Justice Tankebe, Tracking Procedural Justice in Stop and Search Encounters: Coding Evidence from Body-Worn Video Cameras, 2 Cambridge J. Evidence-Based Policing 139 (2018), https://link.springer.com/article/10.1007/s41887-018-0029-z.

Research Question: To what extent do police stop-and-search practices, as captured on officers’ body-worn video cameras, adhere to key dimensions of procedural justice theory, and do levels of adherence vary across the dimensions of (1) citizen participation and voice, (2) neutrality and explanation, (3) respect and dignity and (4) trustworthy motives?

Data: A random sample of 100 recorded stop-and-search encounters was selected from all 601 encounters recorded by Greater Manchester Police between 1st January and 31st August 2017, with an average duration of 12 minutes of combined video and audio with transcripts.

Methods: These records were coded entirely by the first author for the four main dimensions of procedural justice and details about the actors/participants involved. The dimensions were combined into an overall index score of procedural justice for each encounter.

Findings: Most stop-and-searches were characterized by a strong element of police allowing citizens to express voice, followed by police demonstrating respect and offering explanation. The lowest scores were given to “conveying trustworthy motives”. A standardized metric of each element into a measure of 0–100 coded mean scores for participation/voice = 94, explanation/neutrality = 65, respect = 71 and trustworthy motives = 47. In this latter category, not one officer linked the purpose of the stop and search to the wider organizational purpose of protecting society and helping to keep people safe.

Conclusions: This evidence suggests the potential value of an ongoing tracking measure for police legitimacy which could be used as a supervisory and human development tool for operational officers, comparing individuals, units, areas and trends over time in objectively coded features of police behavior towards citizens.

Tina L. Freiburger, Improving Youths’ Attitudes About the Police: Results From an Experimental Design, Crim. Just. Rev. (published online November 2018), https://journals.sagepub.com/doi/abs/10.1177/0734016818811919.

This study examined the effectiveness of Students Talking it Over with Police (STOP) to improve youths’ perceptions of the police, willingness to cooperate with police, and perceptions of procedural justice. It utilized an experimental design in 36 schools in Milwaukee, WI. Pretest and posttest were administered to assess the outcomes before and after the STOP program. The results indicated that STOP was effective in improving youths’ perceptions of the police, youths’ willingness to cooperate with the police, and youths’ perceptions of procedural justice. Additional analysis suggested that STOP was able to reverse some of the negative effects these encounters had on youths’ perceptions, as those with prior negative interactions of police experienced significantly greater rates of change in their perceptions of procedural justice than those who did not have a negative encounter.

Yeon Soo Kim, Kwang Hyun Ra & Kyle McLean, The Generalizability of Police Legitimacy: Procedural Justice, Legitimacy, and Speeding Intention of South Korean Drivers, Asian J. Criminology (published online November 2018), https://link.springer.com/article/10.1007/s11417-018-9278-9.

Empirical support for procedural justice theory in criminology is robust in the developed Western countries, whereas the results are mixed for non-Western or less-developed countries. Some scholars (e.g., Reisig et al. Journal of Criminal Justice and Security, 14(2), 147–164, 2012) argue that the generalizability of procedural justice theory may be limited to particular sociological settings, such as democratic and industrialized societies. The current study aims to review the international generalizability of the theory and to test the theory utilizing a South Korean driver sample. The results show that procedural fairness predicted legitimacy and speeding intention. However, perceived legitimacy does not mediate the association between perceived procedural fairness and speeding intention for Korean drivers. Considering the findings from the current study and previous studies, it seems that industrialization may not be a sufficient condition linking perceived legitimacy and compliance, but democracy may be the most significant precursor for the theory to work.

Daniel K. Pryce, George Wilson & Kenethia Fuller, Predictors of Satisfaction with Kenya’s Police and Kenya’s Criminal Justice System: Results from a Sample of Kenyan College Students, Police J. (published online December 2018), https://journals.sagepub.com/doi/abs/10.1177/0032258X18814281.

Although the influence of procedural justice on citizens’ satisfaction and cooperation with police has been tested in several geopolitical contexts, this is the first study to examine the relationship between procedural justice and satisfaction with Kenya’s police and Kenya’s criminal justice system on a Kenyan college campus. Using a sample of 523 students from a prominent Kenyan university, we found that procedural justice and officer integrity predicted satisfaction with both Kenya’s police and criminal justice system. Also, more highly educated students (sophomores, juniors, and seniors, compared to freshmen) were more satisfied with both the Kenyan police and criminal justice system. Conversely, victims of crime in the community were less satisfied with Kenyan police, and students who had a negative personal experience with police were less satisfied with the country’s criminal justice system. Although instrumental factors of policing (e.g., police effectiveness) were not tested in this study, thus precluding a comparative assessment of normative and instrumental models of policing, this study contributes to the extant literature by pointing out the salience of procedural justice and officer integrity for improving the relationship between the police and the communities they are sworn to serve. The study’s implications for policy are discussed.

Stephen Egharevba, Minority Perception of Police Legitimacy in Finland: The Patterns and Predictors, 26 Eur. J. Crime, Crim. L. & Crim. Just. (published online November 2018), https://brill.com/view/journals/eccl/26/4/article-p282_282.xml.

Across the world, minorities are often perceived as social problems in policy formulations and processes in many societies. This perspective gets support from the notion that minorities engage in deviant and criminal behavior. However, in Finland fewer scholarly attentions have explored the extent of minority attitudes and experiences as they relate to social problems in societies. The aim of this study is to explore procedural justice and its understanding thereof by minorities and racial groups in Finland in complying with police orders. Data for this study was collected between April 2013 and July 2015 from (N = 650) respondents from three major cities (Helsinki, Tampere and Turku) using minority experiences of racial profiling, encounters and unfair policing as variables that increase minority distrust in procedural justice in Finland. The result suggests that ethnicity influences minority views of procedural justice in the country. The implication of this finding is that there is a need for more exploration of the relationship between the police and minorities in Finland.

New Thinking and Interpretations

Hannah McManus, Jillian G. Shafer & Amanda K. Graham, Race and the Procedural Justice Model of Policing, in 24 Building a Black Criminology: Race, Theory and Crime (James Unnever, Shaun Gabbidon & Cecilia Chouhy eds., 2018), https://www.taylorfrancis.com/books/e/9780429757457/chapters/10.4324/9780429425257-23.


In the United States, police-minority relations are in crisis. A series of high-profile incidents involving the deaths of Black citizens at the hands of police officers have brought forth troubling questions regarding the quality and nature of policing in the minority communities of America (Sparrow, 2016). A growing chorus of voices has expressed concerns of police bias, abuse of force, and use of overly aggressive tactics in the inner-city communities with the greatest need of police protection (Engel & Eck, 2015). Confronted with nationwide protests and demands for change, police executives, researchers, and policymakers alike have turned to the wisdom of the procedural justice model of policing, touting this model as the key to restoring public confidence and trust in the police.

Sarah Bennett et al., The Trials and Tribulations of Evidence Based Procedural Justice, in Evidence Based Policing: An Introduction 145 (Renée Mitchell & Laura Huey eds., 2018).

The Queensland Community Engagement Trial (QCET) was the first experimental study to implement the four key components of procedural justice in an operational dialogue. Specifically, QCET sought to test whether police could influence perceptions of legitimacy by operationalizing the ingredients of procedural justice—dignity and respect, trust/trustworthy motives, neutral decision-making, and open communication—in a routine traffic encounter with the Australian public. The survey results from this trial demonstrate that police did increase public satisfaction with the encounter, confidence in police, and willingness to comply with policy directives. Formatively, the operationalization of procedural justice increased perceptions of police legitimacy. However, replications of the Queensland trial by research–police partners in the US, Scotland, England, and Turkey show mixed results, leading some to query if the policy really can operationalize procedural justice to foster legal compliance and legitimacy. In this chapter, we explore the challenges of operationalizing research evidence through the several trials and reported tribulations of a small corpus of procedural justice experiments. . . . Our methods and data include a systematic analysis of the replications of QCET, our own critical reflections as developers of QCET, and reflections by those responsible for replications.

Johanna Lacoe & Jillian Stein, Exploring the Policy Implications of High‐Profile Police Violence, 17 Criminology & Pub. Pol’y 859 (2018), https://onlinelibrary.wiley.com/doi/full/10.1111/1745-9133.12410.

 

This policy essay discusses White, Weisburd & Wire’s article Examining the Impact of the Freddie Gray Unrest on Perceptions of the Police in the same publication (cited earlier in this report).


Prisons and Prisoners 

Gorazd Meško & Rok Hacin, Self-Legitimacy and Use of Force: A Quantitative Study of Prison Officers in Slovenia, Int’l J. Comp. & Applied Crim. Just. (published online November 2018), https://www.tandfonline.com/doi/abs/10.1080/01924036.2018.1543128.

The purpose of this paper is to explore self-legitimacy of prison officers and their willingness to use force against prisoners in Slovenian prisons. In 2016, 139 prison officers from all Slovenian prisons for men were surveyed. Results of OLS regression analysis revealed that relations with colleagues, supervisors’ procedural justice and age affect self-legitimacy of prison officers. Moreover, findings showed that self-legitimacy, supervisors’ procedural justice, years of service, and age influence the willingness of prison officers to use force. Positive perception of self-legitimacy had a positive impact on the willingness of prison officers to use force against prisoners. In conclusion, the interconnectivity between self-legitimacy of prison officers and their willingness to use force is discussed.

Rebecca Trammell et al., From Procedural Justice to Procedural Injustice: Understanding Prison Staff and Inmate Conflict, Howard J. Crime & Just. (published online October 2018), https://onlinelibrary.wiley.com/doi/full/10.1111/hojo.12285.

This article focuses on the idea of procedural justice in prison. Prison employees in our case study explain that using respectful language improves their interactions with the inmates. However, some interviewees describe harsh language and threats used against the inmates. We identify this as procedural injustice where they force the inmates to comply by threatening them with harsh punishment. The choice to use respectful behaviour is dependent on whether or not inmates question their authority. Training needs to focus on helping prison workers present themselves as legitimate authority figures rather than authoritarians.

Paul P. Christopher, Bradley Anderson & Michael D. Stein, Civil Commitment Experiences Among Opioid Users, 193 Drug & Alcohol Dependence 137 (2018), https://www.sciencedirect.com/science/article/pii/S0376871618305386.

Civil commitment is an increasingly used policy intervention to combat the opioid epidemic. Yet little is known about persons who get committed and outcomes following commitment for opioid use. In the current cross-sectional study, we compared the characteristics of persons with and without a history of civil commitment, and the correlates of post-commitment abstinence. Between October 2017 and May 2018, we surveyed consecutive persons entering a brief, inpatient opioid detoxification (n = 292) regarding their lifetime experiences with civil commitment for opioid use.

Participants averaged 34.6 years of age, 27.1% were female, and 78.1% were White. Seventy-eight (26.7%) experienced civil commitment for opioid use at least once in their lifetime. Committed individuals had significantly higher rates of fentanyl, heroin, and injection drug use, drug overdoses, past incarceration, current criminal justice involvement, and past medication treatment for opioid use (p < .05). The average time to relapse following commitment was 72 days, although 33.8% relapsed on the same day of their release. Longer post-commitment abstinence was significantly associated with post-commitment medication treatment, higher perceived procedural justice (i.e., fairness) during the commitment hearing, positive attitude and higher motivation at the end of commitment, and improvement in attitude during commitment (p < .05). Opioid users who experience civil commitment constitute an especially high risk group. A positive commitment experience and post-commitment medication treatment are associated with longer post-commitment abstinence.


Courts and Dispute Resolution

Suzanne O. Kaasa et al., The Impact of Waiver to Adult Court on Youths’ Perceptions of Procedural Justice, 24 Psychol. Pub. Pol’y & L. 418 (2018), http://psycnet.apa.org/record/2018-56495-002.

The current study examined perceptions of fair treatment in a past court experience among a sample of incarcerated youth (n = 364). Perceptions were compared for youth whose cases were processed through juvenile (n = 261) versus adult court (n = 103) systems. In general, youth who were adjudicated in adult court felt more justly treated by legal authorities than youth adjudicated in juvenile court. Specifically, youth in adult court rated judges as only marginally more just than youth in juvenile court, but rated their defense attorney’s treatment as significantly more just. Youth rated the prosecutor’s treatment as relatively unjust regardless of where their case was handled. Differences in perceptions of procedural justice were also observed based on prior arrest history and race, with White youth and first-time offenders perceiving the process to be more just. Our findings should not be used as support for the increased transfer of youth into adult court, as other studies have demonstrated these youth tend to have worse outcomes. However, our findings do suggest that improvements should be made to increase elements of procedural justice in juvenile court settings.

Jerrell D. Coggburn et al., Assessing the Six-Factor Model of Organizational Justice in the Context of Workplace Mediation, Rev. Pub. Personnel Admin. (published online December 2018), https://journals.sagepub.com/doi/abs/10.1177/0734371X18816758.

Applying the six-factor model of organizational justice, this study examines the relationship between disputants’ (i.e., grievants and respondents) perceptions of organizational justice and satisfaction with workplace mediation. Using secondary data, collected postmediation from participants in the (former) North Carolina Department of Correction’s (DOC) mediation process, the findings show that perceptions of organizational justice and mediation satisfaction are high for both grievants and, especially, respondents. Logistic regression results find statistically significant relationships between mediation satisfaction and three factors of organizational justice—distributive justice, procedural justice–process, and disputant–disputant interpersonal justice—as well as unexpected results for procedural justice–mediator and disputant–mediator interpersonal justice.

Mina Rauschenbach & Damien Scalia, The Accused at the ICTY: Between Disillusionment and Resistance, 42 Déviance et Société 535 (2018), https://www.cairn-int.info/article-E_DS_423_0535--the-accused-at-the-icty-between.htm.

Through an analysis of interviews carried out with eighteen individuals prosecuted at the International Criminal Tribunal for the Former Yugoslavia (ICTY), this article studies perceptions and experiences of the international judicial trajectory, with a particular focus on the procedural justice dimension of interviewees’ experiences. It highlights the importance of the absence of control in the process and the way in which they feel they were treated, as well as what these perceptions reveal in terms of power imbalances and identity concerns within the discursive reconstruction they provide of their judicial trajectory. In the face of a hope to participate actively in an inclusive justice, their discourse uncovers the wish to position themselves as rejecting the procedure; several forms of resistance emerge.

Angela M. Jones et al., Perceptions of Access to Justice Among Unrepresented Tenants: An Examination of Procedural Justice and Deservingness in New York City Housing Court, J. Forensic Psychol. Res. & Prac. (published online December 2018), https://www.tandfonline.com/doi/abs/10.1080/24732850.2018.1532191.

In Turner v. Rogers, the U.S. Supreme Court charged judges with ensuring due process for unrepresented litigants in civil proceedings. We argue that engaged judging overlaps with the group value theory (GVT) criterion of trustworthiness, which along with respect and neutrality typically exert a direct effect on perceptions of fairness and satisfaction. However, numerous scholars have claimed that justice judgments stem from deservingness—a theory that poses a considerable contrast to GVT. In a study of New York City Housing Court tenants, most of whom were unrepresented, we examined whether deservingness moderates the impact of perceived treatment on justice judgments such that tenants who do not believe they deserve positive treatment will view such treatment as unfair. Results indicated that, with one exception, perceived treatment exerted a direct effect on various justice judgments as predicted by GVT, but in contrast to deservingness. Tenants were overwhelmingly positive about their housing court experience despite the documented inequalities that exist for most unrepresented litigants in housing court. These findings suggest a discrepancy between tenants’ perceptions and the realities of housing court.

Kristen Underhill, Righting Research Wrongs: An Empirical Study of How U.S. Institutions Resolve Grievances Involving Human Subjects, Yale J. Health Pol’y, L. & Ethics (published online November 2018), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3271860.

Tens of millions of people enroll in research studies in the United States every year, making research a multi-billion-dollar industry in the U.S. alone. Research carries risks: although many harms are inevitable, some also arise from errors or mistreatment by researchers, and the history of research ethics is in many ways a history of scandal. Despite regulatory efforts to remedy these abuses, injured subjects nonetheless have little recourse to U.S. courts. In the absence of tort remedies for research-related injuries, the only venue for resolving such disputes is through alternative dispute resolution (ADR)—or more commonly, internal dispute resolution (IDR) through a process offered by the research institution. The federal regulations on human subjects are silent on resolving subject grievances, and to date, little is known about how institutions handle these disputes. This Article is the first empirical study of how U.S. universities and hospitals resolve subjects’ claims of physical injury, dignitary harm, non-compensation, deviations from research protocols, and maltreatment by research staff. I have conducted in-depth interviews with personnel from 30 hospitals and universities to understand how institutions respond to grievances involving research subjects. These interviews reveal highly flexible dispute resolution processes managed by institutional review boards (IRBs), the institutional authorities mandated by federal law to protect human subjects. Although many interviewees spoke intuitively of procedural justice—including elements such as voice, neutrality, and courtesy—these interviews also indicated problems with neutrality, expertise, representation of participants, one-sided appeals, and access to the dispute resolution process itself. This Article takes a close look at current practices, and then suggests strategies for improvement, addressing both the federal regulations and options for institution-led reforms.

New Thinking and Interpretations

K. A. Barry, Access to Justice and Civil Legal Aid Reform: A Socio-Legal Analysis of the Experiences of Litigants in Person in the Family and Civil Courts (2018) (unpublished Ph.D. thesis, University of Liverpool), https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.755644.

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) removed legal aid from family and civil matters without ensuring that the fundamentally adversarial justice system could accommodate those litigants who would no longer be eligible for publicly funded representation. This decision to remove legal aid was taken despite the dearth of empirical evidence about the experiences of what have come to be known as litigants in person (LIPs). The lack of empirical evidence, which remains post-LASPO, is the chief motivation for this thesis, which examines the extent to which LIPs are able to navigate through the complex family and civil procedure rules to gain effective access to the courts. In order to achieve this objective, the author interviewed 36 LIPs who appeared in family and civil courts in a major North West City in England. Being premised on the need to provide a ‘voice’ for LIPs, the project takes a socio-legal and qualitative approach to this data whilst also being underpinned by the themes of access to justice; procedural justice and proportionate justice. The thesis confirms that LIPs face barriers to accessing justice throughout all stages of family and civil proceedings, but these barriers are compounded by the reforms made to legal aid entitlement. LIPs now face new challenges in the form of the compulsory requirement to attend mediation information assessment meetings and the restricted nature of legal aid eligibility for the domestically abused. Further, at a time when early legal advice is more crucial than ever, the slowness of the legal profession to adapt to modern litigants’ needs has led to a newcomer being welcomed to the legal services market offering access to justice, but at the risk of exploitation. Conversely, in the absence of legal aid, it is the legal profession and judiciary who hold the key to access to justice for LIPs. By providing them with a voice and sufficient control when litigating, it is possible to ensure that LIPs can achieve effective access to the courts as well as procedural fairness.

 

Business and Management

Run Ren et al., It’s Not My Job: Compensatory Effects of Procedural Justice and Goal Setting on Proactive Preventive Behavior, J. Mgmt. & Org. (published online November 2018), https://www.cambridge.org/core/journals/journal-of-management-and-organization/article/its-not-my-job-compensatory-effects-of-procedural-justice-and-goal-setting-on-proactive-preventive-behavior/A79FED803279ACF9EC2665BD123A0AA9.

In two experiments, we examined the function of procedural justice in signaling individuals’ value to the group by arguing that individuals treated fairly are more likely to engage in proactive preventive behavior, a behavior that involves proactively revising or correcting the mistakes and intentional deceptions of coworkers. In addition, we extend Staw and Boettger’s (1990) work on task revision and demonstrate that procedural justice and goal setting have compensatory effects, such that procedural justice can be combined with performance goals to reap the valuable aspects of goal setting while minimizing some of the unintended side-effects. Our findings also contribute to the ongoing discussion of the mixed effects of goal setting, as well as the effects of multiple goal assignment.

Pooja Purang, Vicarious Justice Shapes Observers' Climate Perceptions: Moderating Role of Collectivism, 54 Indian J. Industrial Rel. 309 (2018), http://www.publishingindia.com/ijir/22/vicarious-justice-shapes-observers-climate-perceptions-moderating-role-of-collectivism/745/5182/.

Reactions to social accounts of justice have remained largely unexamined in the Indian context, though group harmony and loyalty are important aspects of the work place in collectivist cultures. Hence, others' experiences would be given importance and more likely integrated while forming justice judgments about organizations and authority figures. To fill this gap this study examines the effects of vicarious justice on perceptions of procedural justice climate and employee engagement, with collectivist values as a moderator. A field experiment was conducted on 67 respondents. The findings showed that vicarious justice influences climate perceptions for high collectivists only and procedural justice climate mediated the relationship between vicarious justice and employee engagement.

Feng Xu & Xiaohong Wang, Leader Creativity Expectations and Follower Radical Creativity: Based on the Perspective of Creative Process, Chinese Mgmt. Stud. (published online October 2018), https://www.emeraldinsight.com/doi/abs/10.1108/CMS-04-2018-0489.

Purpose: The purpose of this study is to research the effect of leader creativity expectations on follower radical creativity. Highlighting the implications of leader creativity expectations, the authors examined employee creative process engagement as a mediator and follower-perceived procedural justice as a moderator in the relationship between leader creativity expectations and employee radical creativity.

Design/methodology/approach: A sample of 256 dyads comprising full-time employees and their immediate supervisors were collected from the innovation teams of industry-university alliances through questionnaire in China, the authors hypothesized and found support for a moderated mediation model.

Findings: The findings show that leader creativity expectations are significantly and positively related to employee radical creativity; creative process engagement plays a fully mediating role between leader creativity expectations and employee radical creativity; procedural justice moderates the positive relationship between leader creativity expectations and creative process engagement and enhances the positive indirect effect of leader creativity expectations on follower radical creativity.

Practical implications: Compared with the traditional management practices emphasizing planning, leaders who encourage trial practice, provide enough time to ensure employees fully identify problems and provide resources to facilitate information search and coding, may achieve better results. Organizations should also place greater emphasis on the procedural justice, thereby enhancing the positive impact of other factors on employee radical creativity.

Hung-Yue Suen & Wei-Pin Dai, Supervisors Are Watching You on Facebook, paper prepared for presentation at 2018 1st International Cognitive Cities Conference (IC3), August 7-9, 2018, https://ieeexplore.ieee.org/xpl/mostRecentIssue.jsp?punumber=8566029.

Facebook has become an electronic monitoring tool in the workplace. Supervisors monitor employee activities and collect their information on Facebook to reduce inappropriate behaviors that may harm organization, besides, making employment decisions. This study used PLS-SEM analysis with 308 valid data and found that although employees believed that they are supported by their supervisors, they perceived Facebook monitoring violate their privacy violation and procedural justice, and higher their intention to leave from the supervisors. Implications of the research model are described and future research directions are suggested.

Hung-Yue Suen & Hsiu-Yen Chen, Screening Passive Job Seekers on Facebook, paper prepared for presentation at 2018 1st International Cognitive Cities Conference (IC3), August 7-9, 2018, https://ieeexplore.ieee.org/abstract/document/8567221.

This study examined passive job seekers' reactions to pre-employment screening on Facebook. We found that the passive job seekers whose Facebook was screened by a potential employer felt their privacy had been invaded, resulting in lower both procedural justice and the job-pursuit intentions throughout the result of PLS-SEM analysis. Moreover, the perception of procedural justice partially mediated the relationship between perceived privacy violation and job pursuit intention. Although organization attractiveness was associated with job pursuit intention, it did not have significant moderating effect in this study.

Sadaf Iqbal et al., Cultivating Employees’ Communal Relationship and Organizational Citizenship Behavior Through Authentic Leadership: Studying the Influence of Procedural Justice, 11 Psychol. Res. Behav. Mgmt. 545 (2018), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6233693/.

Background: Leaders play vital role in organization to accomplish organizational goals and establish healthy working environment. This study addresses the effect of authentic leadership on employees’ communal relationship and organizational citizenship behavior (OCB). In addition, this research also examines how procedural justice augments the effect of authentic leadership on both aforementioned employees’ behavioral outcomes.

Materials and methods: Using a cross-sectional design, data were collected from 425 employees working in banking sector of Pakistan. It was hypothesized that authentic leadership would positively predict employees’ communal relationship and OCB. Furthermore, we also assumed that procedural justice will strengthen the relationship between authentic leadership, both behavioral outcomes, that is, employees’ communal relationship and OCB.

Results: Analyses reveal that authentic leadership positively predicts employees’ communal relationship and OCB. In addition, procedural justice was found to positively moderate the effect of authentic leadership on employees’ communal relationship and OCB.

Ryan Outlaw et al., How Fair Versus How Long: An Integrative Theory-Based Examination of Procedural Justice and Procedural Timeliness, Personnel Psychol. (published online December 2018), https://onlinelibrary.wiley.com/doi/abs/10.1111/peps.12309.

Although studies have linked procedural justice to a range of positive attitudes and behaviors, the focus on justice has neglected other aspects of decision-making procedures. We explore one of those neglected aspects: procedural timeliness—defined as the degree to which procedures are started and completed within an acceptable time frame. Do employees react to how long a procedure takes, not just how fair it seems to be? To explore that question, we examined the potential effects of procedural timeliness using six theories created to explain the benefits of procedural justice. This integrative theory‐based approach allowed us to explore whether “how long” had unique effects apart from “how fair.” The results of a three-wave, two-source field study showed that procedural timeliness had a significant indirect effect on citizenship behavior through many of the theory-based mechanisms, even when controlling for procedural justice. A laboratory study then replicated those effects while distinguishing procedures that were too fast versus too slow. We discuss the implications of our results for research on fostering citizenship behavior and improving supervisors’ decision-making procedures.

Patrick C. Exmeyer, Inside Job: Exploring the Connection Between Whistleblowing and Perceptions of Procedural Justice, Pub. Integrity (published online December 2018), https://www.tandfonline.com/doi/abs/10.1080/10999922.2018.1519687.

Recent instances of whistleblowing by U.S. federal employees have reinvigorated scholarly interest in its role toward ethical administration. Previous studies have expanded our understanding of how factors such as organizational conditions; individual characteristics; motives; and perceived consequences shape decisions to engage in whistleblowing. However, studies examining employee perceptions of organizational fairness as a factor in disclosure processes remain absent from this literature. This study fuses whistleblowing and organizational justice by examining organizational, demographic, and legislative factors influencing employee perceptions of procedural justice. Findings from the study suggest that although the actions of external disclosure channels and enactment of federal whistleblower legislation have minimal impact on perceptions of procedural justice, employee supervisory status and organizational commitment are positively associated with elevated employee perceptions of procedural justice. Implications of the study and additional research dimensions are discussed.

Faruk Kerem Şentürk & Celal Erkubilay, Effects of Procedural Justice and Leader Support on Employee Voice Behavior, in Changing Organizations: From the Psychological & Technological Perspectives 17 (Hakan Kapucu & Cüneyt Akar eds., 2018), http://cudes2018.org/assets/201828_all.pdf.

The purpose of the study is to determine the effect of procedural justice and leader support perception on employee voice behavior. The quantitative research method was preferred and the survey technique was used. The data were obtained from workers and civil servants works in Forest Management Directorates which is the sub-compines of the Bolu Forest Regional Directorate active at the Duzce province. As a result of the research, it is found that the procedural justice and leadership support perception had positive effects on the employee voice behavior and there was a high positive correlation between procedural justice and leader support perception. Significant differences were also found on procedural justice and leader support perception related to demographic characteristics of employees.

Claudia-Elena Țuclea, Diana Maria Vranceanu & Carmen Nastase, The Fairness of Pricing Tactics for Hotels: Perceptions of Romanian Customers, 20 Amfiteatru Economic 905 (2018), https://www.ceeol.com/search/article-detail?id=708523.

This study focuses on analyzing the perceptions of pricing tactics the hotels from Romania use, and also on the degree of influence these perceptions have on buying intentions. Given the importance of perceived fairness, it is essential to understand the major factors that influence customers’ perception of the fairness of prices set by revenue management methods. A nationwide survey was conducted to identify the perception of fairness of the price setting methods, the perception of price fairness in relation to certain factors of influence, the perceived fairness of different pricing tactics, and the evaluation of price fairness for the latest experience in a hotel and the influence on the purchasing intentions. Structural equation modelling was used to assess the influence of distributive and procedural fairness on the perceived value and the buying intentions. The resulting model essentially shows that tourists who perceive a price as fair are inclined to consider the method used to set that price as correct. The main findings regarding revenue management-type approaches emphasize that the price setting method oriented on competition is considered the fairest method for setting prices. Most survey participants believe that the most frequent situation of unfair price is found in accommodation services. Among the unfair pricing tactics are, on the one hand the difference of prices based on the nationality of the customers (higher prices for tourists from abroad) and, on the other hand, the 9-ending prices. Offering lower prices for longer periods and for larger groups represents the fairest pricing tactics that hotels can use. The manners in which Romanian customers use to rate price fairness for hotel services mainly relies on the comparison of the current price to a previous one, and on their own belief of what fair price should be. The managerial implication of this study is linked to the setting prices decisions in order to be perceived as fair prices/tariffs.


Miscellaneous

Akiomi Inoue et al., Organizational Justice and Refraining from Seeking Medical Care Among Japanese Employees: A 1-Year Prospective Cohort Study, Int’l J. Behav. Med. (published online November 2018), https://link.springer.com/article/10.1007/s12529-018-9756-6.

Using a 1-year prospective design, we examined the association of organizational justice (i.e., procedural justice and interactional justice) with refraining from seeking medical care (RSMC) among Japanese employees. We surveyed 2695 employees (1994 men and 701 women) from two factories of a manufacturing company in Japan. . . . After adjusting for potential confounders, low procedural justice and low interactional justice at baseline were found to be significantly associated with higher odds of RSMC during the 1-year follow-up for male employees. . . . The present study provided evidence that the lack of organizational justice is positively associated with RSMC among Japanese employees, independently of demographic and socioeconomic characteristics as well as of health-related behaviors.

Matthew Hamilton, Understanding What Shapes Varying Perceptions of the Procedural Fairness of Transboundary Environmental Decision-Making Processes, 23 Ecology & Soc’y 48 (2018), https://www.ecologyandsociety.org/vol23/iss4/art48/.

The effectiveness of collaborative environmental decision-making processes hinges on the degree to which participating stakeholder groups (i.e., policy actors) perceive those processes to be fair. However, there is limited understanding of the factors that shape actors' perceptions of the fairness of decision-making processes, a concept known as perceived procedural fairness. I develop and test a set of hypotheses about the conditions under which actors that participate in the same environmental decision-making processes perceive the fairness of those processes differently. The study draws upon data from a survey of policy actors participating in task forces, steering committees, and other forums that guide climate change adaptation decision-making in the Lake Victoria basin in East Africa. These actors vary significantly in power and capacity, which raises questions of the degree to which forums provide meaningful opportunities for all actors to contribute to decision making. Findings indicate that among pairs of actors participating in any given forum, satisfaction with procedural fairness is higher among actors with greater social capital, operating at higher administrative levels, and with larger numbers of staff members. Additionally, donor organizations perceived higher levels of procedural fairness compared to civil society, government, and international nongovernmental organizations. These results have implications for efforts to improve the efficacy and legitimacy of environmental policy making in the Lake Victoria basin, as well as other transboundary governance systems in developing regions.

Alemu Sokora Nenko, Evaluating the Effectiveness of Citizen Participation in Public Forest Planning and Management: Results from Surveys of Public Advisory Committee Members in Canada (2018) (unpublished M.S. thesis), https://era.library.ualberta.ca/items/91df0010-2231-4af5-8117-6d68149f1230/view/97191102-c28a-4828-b2f2-ff140bba0a1f/NENKO_ALEMU_SOKORA_201801_MSc.pdf.

In chapter 2 [of this thesis], I provide a theory-driven quantitative analysis of factors influencing the effectiveness of public advisory committee (PAC) participation in the Crown forest management in Canada. Drawing on a 2016 national survey of PAC members in Canada (n = 345), I examine committee member perspectives on procedural justice, distributive justice, and social learning are linked to self-reports of committee effectiveness and satisfaction. Controlling for other factors in binary logistic regression analysis, results indicate that procedural justice (fairness of the process) is the most significant factor in committee member expressions of effectiveness and satisfaction. These results lend support to theories of procedural justice as a foundation for enhancing forest governance in Canada.

Troels Bøggild, Cheater Detection in Politics: Evolution and Citizens' Capacity to Hold Political Leaders Accountable, Leadership Q. (published online October 2018), https://www.sciencedirect.com/science/article/pii/S1048984318302364.

The average citizen is often unable to distinguish and choose between political leaders according to their ideological profiles. Research using evolutionary theory shows that citizens instead turn to perceptions of procedural fairness concerning whether leaders follow basic decision-making rules such as passing policies without personal interest and displaying responsiveness to citizens' opinions. Some argue that this helps citizens “weed out” questionable leaders; others question citizens' ability to distinguish those following the rules from those who do not. To address this question, I build on psychological research showing that the mind possesses a natural ability, a cheater-detection system, enabling the detection of self-interested others who violate social rules. Introducing an experimental protocol from psychology embedded in cross-national surveys, I show that this system also operates when citizens evaluate political leaders, facilitating identification of leaders who violate basic decision-making rules. The findings advance our understanding of citizens' democratic competences and followers'' cognitive abilities generally.

New Thinking and Interpretations

Jason A. Cade, Sanctuaries As Equitable Delegation in an Era of Mass Immigration Enforcement, 113 Nw. U. L. Rev. 433 (2018), https://digitalcommons.law.uga.edu/forthcoming/70/.

Opponents of—and sometimes advocates for—sanctuary policies typically describe them as obstructions to the operation of federal immigration law. This premise is faulty. On the better view, the sanctuary movement comports with, rather than fights against, dominant new themes in federal immigration law. A key theme—emerging both in judicial doctrine and on-the-ground practice—focuses on maintaining legitimacy by fostering adherence to equitable norms in enforcement decision-making processes. Against this backdrop, the sanctuary efforts of cities, churches, and campuses are best seen as measures necessary to inject normative (and sometimes legal) accuracy into real-world immigration enforcement decision-making. Sanctuaries can erect front-line equitable screens, promote procedural fairness, and act as last-resort circuit breakers in the administration of federal deportation law. The dynamics are messy and contested, but these efforts in the long run help ensure the vindication of equity-based legitimacy norms in immigration enforcement.

Benjamin K. Sovacool et al., Energy Injustice and Nordic Electric Mobility: Inequality, Elitism, and Externalities in the Electrification of Vehicle-to-Grid (V2G) Transport, 157 Ecological Econ. 205 (2019), https://www.sciencedirect.com/science/article/pii/S0921800918307602.

Much research on electric mobility transitions has been descriptive or positive, rather than normative or critical, assessing the deeper ethical, justice, or moral issues that arise. To address this gap, this study qualitatively examines the ongoing transition to Nordic electric vehicles (EVs) and vehicle-to-grid (V2G) systems. It does so through the various lenses of distributive justice, procedural justice, cosmopolitan justice, and recognition justice. It asks: what are the types of injustices associated with electric mobility and V2G? In what ways do emerging patterns of electric mobility worsen socio-environmental risks or vulnerabilities? Based on original primary data collected from 257 experts across Denmark, Finland, Iceland, Norway, and Sweden, the study finds that electric mobility can erode elements of distributive justice for being accessible only to the rich, and for raising risks related to privacy, hacking, and cyberterrorism. Electric mobility may contravene aspects of procedural justice by reinforcing exclusion and elitism in national planning. It can erode cosmopolitan justice by producing negative environmental externalities, and exacerbating rural (and global) vulnerability. It may threaten recognition justice through unemployment, disruption to traditional businesses, and the entrenchment of patriarchy. Thankfully, the study also proposes a suite of policy mechanisms to address many of these concerns.

Gregory W. Saxton, Inequality, Fairness Perceptions, and Satisfaction with Democracy in Latin America (October 12, 2018) (unpublished working paper), https://www.gregorywsaxton.com/uploads/5/4/3/0/54300059/saxton_inequality_and_fairness.pdf.

Economic inequality challenges a fundamental principal of democracy and undermines citizens’ support for the political system. My research contributes to a growing body of literature on inequality and political support by examining the causal mechanisms that link inequality to satisfaction with democracy. Drawing from social justice and equity theories, I argue that perceptions of distributive unfairness (i.e., unfair outcomes) are a key causal mechanism linking inequality to political dissatisfaction. Using a cross-national analysis of data from 18 Latin American countries, I first demonstrate that satisfaction with democracy is negatively and significantly correlated with perceptions of distributive unfairness. Moreover, this relationship is strongest for citizens on the left of the left-right ideological continuum. Yet, the presence of fair government procedures (i.e., procedural fairness) weakens the relationship between perceived distributive unfairness and satisfaction with democracy. Second, to test the causal relationship between perceived distributive unfairness and satisfaction with democracy, I design survey experiments that I have previously piloted in Mexico and the U.S. Given the promising results from my pilot data, I will next use funding I was awarded from an NSF DDRIG to field survey experiments on nationally representative samples in Argentina and Mexico.

Lies Maurissen, Civic Engagement of Adolescents: A Quantitative Study of the Relation Between Citizenship Education, Democratic Attitudes, and Political Participation (December 2018) (unpublished Ph.D. dissertation, University of Leuven), https://lirias.kuleuven.be/2336025?limo=0.

In western democracies, schools are expected to contribute to the establishment and maintenance of democratic citizenship. Through citizenship education, schools aim to stimulate the development of civic knowledge, skills and attitudes. This dissertation aims to contribute to the existing literature by exploring the different ways in which citizenship education can effectively stimulate civic engagement in adolescence. . . . [B]ased on procedural fairness theory, findings show that fair treatment by teachers is strongly related to political trust. When investigating the underlying mechanism, the results indicate that being fairly treated by teachers is positively associated with trust in schools, which is in turn associated with higher levels of political trust.

Jonas Toubøl, From Democratic Participation to Civic Resistance: The Loss of Institutional Trust As an Outcome of Activism in the Refugee Solidarity Movement, Brit. J. Sociology (published online December 2108), https://onlinelibrary.wiley.com/doi/full/10.1111/1468-4446.12622.

Adding to the literature on non‐institutional political action and trust, this article argues that the loss of institutional trust is not only a cause but also an outcome of political activism. Studying the Danish refugee solidarity movement in a mixed‐methods research design including survey and qualitative interview data, the article shows that three kinds of activism – political activism, humanitarian activity, and civil disobedience – relate differently to the loss of trust in the institutions of the Parliament, the legal system, and the police. Political activism primarily affects a loss of trust in the Parliament due to low external efficacy and a closed political opportunity structure. Civil disobedience affects a loss of trust in the legal system and the police due to a perceived lack of procedural justice. Humanitarian activity does not affect a loss of institutional trust because it does not imply interaction with the institutions to the same extent as the other kinds of activism. The consequence of losing trust in the political institutions is not an abandonment of democratic values, nor political apathy, but rather a change in civic engagement from a mode of democratically legitimizing participation in the institutions to a mode of contending and questioning the legitimacy of the political institutions. This finding indicates that in turn loss of institutional trust may cause an increase in extra‐institutional political action which is consistent with the commonly assumed causality in the literature. This leads to a final integrating argument for conceptualizing activism and loss of institutional trust as reinforcing factors in a process where, in line with the main finding of this study, activism may cause a loss of institutional trust which, in turn, may cause additional activism, as argued in the existing literature.

Lisanne de Blok & Staffan Kumlin, Luxury or Necessity? A Three Wave Panel Study on Welfare State Outcomes, Procedural Fairness, and Political Distrust (November 28, 2018) (unpublished working paper), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3292177.

The various crises that EU countries faced in the last decade resulted in large scale welfare state retrenchment. Seeing that citizens interact with welfare state institutions on a daily basis, these changes likely affect citizens’ satisfaction with the welfare state. A small but growing body of literature shows that evaluation of these welfare state institutions influence trust in the political system more generally. . . . This article studies whether political trust can be generated in times of research scarcity: by ensuring procedural fairness. . . . Using unique panel data on citizens’ real experiences with welfare state institutions, we employ the Random Effects Within Between multilevel framework to provide causal evidence that greater procedural fairness at citizens’ interactions with welfare state officials generates higher levels of political trust. More specifically, procedural fairness particularly matters for those who are unsatisfied with the welfare state services overall.

Małgorzata Niesiobędzka & Sabina Kołodziej, The Impact of Procedural Fairness and Extent of a Tax Loss or Gain on the Acceptance of Tax Authority Decisions and the Intention to Appeal Against Them, Psychol. Pub. Pol’y & L. (published online November 2018), https://insights.ovid.com/pppol/900000000/00043965-900000000-99819.

This article presents three studies focusing on the impact of procedural fairness resulting from a tax official’s behavior on acceptance of tax authority decisions and intention to appeal in the context of gain and loss frames. The studies were conducted using 588 participants recruited from an online panel (computer-assisted Web interview). In all studies, we introduced a procedural fairness factor. Study 1 manipulated tax frame (gain vs. loss); Study 2, three different extents of loss (small, moderate, and large); and Study 3, three different extents of gain (small, moderate, and large). The results of all three studies demonstrated the significant role of procedural tax fairness. Moreover, Study 1 showed a significant impact of tax frame and Study 2 revealed a significant role of the extent of a tax loss. Study 3, however, found no impact of the extent of a gain on decision acceptance and intention to appeal. Participants accepted all gains and were not willing to appeal against a favorable decision.

Thomas G. Measham & Airong Zhang, Social Licence, Gender and Mining: Moral Conviction and Perceived Economic Importance, Resources Pol’y (published online November 2018), https://www.sciencedirect.com/science/article/abs/pii/S030142071830357X.

Gender has been recognized as an important dimension when it comes to how the public is affected by, and responds to, the mining sector. This paper investigates the way that gender differences play out in relation to social license and extractive industries. We seek to advance understanding of social license in extractive industries by building on early work on the link between gender and social license in other contexts. We address this objective through testing how women and men respond to the information presented to them in the initial notification for a hypothetical mine from a fictitious mining company (NMC Mining). . . . The results show different patterns for female and male participants in terms of perceived procedural fairness and trust in the mining company, as well as behavioral intentions in terms of complaining to others about the project and seeking to work with the mining company to make the proposed project a success. . . . The paper concludes that women and men do perceive the value of mining differently and that this translates into different behavioral intentions, differences in trust and perceived procedural fairness.

In the News/On the Web

Matthew Watkins, Misdemeanorland: Social Control and New York City's Lower-Level Courts, New Thinking (October 2018), https://www.courtinnovation.org/publications/misdemeanorland-podcast.