Quarterly Research Report

New Developments in Procedural Fairness: Summer 2017 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

Keir Irwin-Rogers & Millie Shuter, Fairness in the Criminal Justice System: What’s Race Got to Do with It? (2017), https://www.catch-22.org.uk/news/catch22-report-fairness-in-the-criminal-justice-system-whats-race-got-to-do-with-it/.

Over the past year Catch22 ran a series of focus groups in a UK prison to understand prisoners’ experience of racial bias in the criminal justice system. The findings show that both black and white prisoners, as a whole, consider the criminal justice system to show widespread racial bias.

Hannah Werner & Sofie Marien, Why Citizen Involvement Is a Story of Apples and Oranges: Studying Individual Differences in the Effect of Citizen Involvement and Outcome Favorability on Fairness Perceptions, prepared for presentation at the European Consortium for Political Research General Conference (September 7-10, 2016), https://lirias.kuleuven.be/handle/123456789/580046.

Normative theories that call for increased citizen participation assume that individuals uniformly value citizen involvement and react favorably towards procedures and authorities. Drawing on procedural fairness theory, we theorize that individuals can perceive citizen involvement as more fair for two substantially different reasons. They can either value involvement as a strategy to exert more control over outcomes or appreciate the process itself because of its egalitarian nature. We suggest social dominance orientation as a moderator which determines whether individuals value involvement for instrumental or relational reasons. By means of a vignette experiment (N=702) we show that individuals with a high social dominance orientation perceive a process with citizen involvement as fairer only if the outcome is favorable. Individuals with a low social dominance orientation however perceive citizen involvement as fair independent of the outcome.

György Gajduschek, Why People Obey the Law in Hungary? Thoughts over Pieces of Empirical Evidence (Magyar Tudományos Akadémia Law Working Paper 2017/08, 2017), http://jog.tk.mta.hu/uploads/files/2017_08_Gajduschek.pdf.

The paper is a first attempt of interpreting result of various surveys that seem to contradict the current mainstream scholarly belief that it is procedural fairness in law enforcement that is crucial to legitimate law and authorities that apply law in everyday practice. This approach also argues that sanctioning, applying penalty against those who break the law is highly inefficient (costly and its deterrence effect in fact minimal). Based on Hungarian survey data collected by our team as well as on some other published and unpublished data I will attack the above described theory, at least as a general theory that supposed to be valid anywhere outside the Anglo-American World. Most importantly I will argue that sanctions play a crucial role in determining people’s law-abiding behavior. I am convinced that – despite some comparative attempts to test and prove to theory in a non-Anglo-Saxon context – the theory may be highly ethnocentric, thus, it is questionable if that fits to other social-cultural-legal systems, such as the one in Eastern Europe.

 

New Thinking and Interpretations

To Be Fair: Conversations About Procedural Justice (Emily LaGratta ed., 2017), http://www.courtinnovation.org/sites/default/files/documents/To_Be_Fair.pdf.

This book is a collection of stories from the field—judges, lawyers, court managers, probation officials, and others who are testing this concept [of procedural justice] and confronting challenges on the ground. These conversations provide a sampling of what procedural justice looks like in practice: from changing courtroom dynamics to tweaking hiring and training strategies to improving the built environment. They are inspiring in their range and, at times, simplicity. . . . So this text is just a starting point to tell the stories of procedural justice and continue a dialogue within the field about building public trust. It is not enough for us to be fair. We must also be seen as fair.

John Hagan & Valerie P. Hans, Procedural Justice Theory and Public Policy: An Exchange, 13 Ann. Rev. L. & Soc. Sci. (published online April 2017), http://www.annualreviews.org/doi/10.1146/annurev-lawsocsci-121416-011426.

This article introduces a scientific exchange over the status of procedural justice theory and its applicability to policing reform. The introduction notes the long history of sociolegal research on procedural justice and its emergence as a source of ideas for criminal justice reforms and police training programs. The article contrasts the positions taken by Nagin & Telep (2017) and Tyler (2017). Nagin & Telep assert that it is premature to apply procedural justice principles without more definitive causal studies in policing. In contrast, Tyler draws on experimental research and other causal studies from different domains to argue that the work is sufficient to proceed with policy reforms.


Compliance and Cooperation 

Courts and Dispute Resolution

Phil Bowen, Center for Justice Innovation, Building Trust: How Our Courts Can Improve the Criminal Court Experience for Black, Asian, and Minority Ethnic Defendants (2017), http://justiceinnovation.org/wp-content/uploads/2017/03/Building-Trust.pdf.

Widespread distrust among British-born Black, Asian and Minority ethnic (BAME) people towards the British justice system is undermining the legitimacy of our criminal courts. This report looks at the origins of the lack of trust in the system, why perceptions of fairness and trust in the justice system matter and what can be done to improve the experience of court for BAME defendants.

Jennifer C. Hurley, How Lawyers Can Capitalise on Procedural Justice: A Framework for Best Practice for the Non-Adversarial Lawyer, prepared for presentation at the Second International Conference on Non-Adversarial Justice (April 6-8, 2017), http://www.naj2017.com/1800.

The psychology of procedural justice explains peoples’ reactions to court decision making processes.  Through fostering individuals’ subjective perceptions of fairness, court processes that apply procedural justice can improve the experiences of court users and their motivations to comply with decisions. . . . As key legal players in the court room, lawyers can either adopt or block innovative practices. . . . Despite the growth in problem oriented practices in Australia there has been little focus on the potential for procedural justice to enhance court practices.  In particular there is little known about lawyers’ perceptions of procedural justice and its role in improving the experiences of court users.  The first stage in a PhD thesis, this paper explores the role of lawyers in promoting procedural justice in court.

Stephan Grimmelikhuijsen & Kees van den Bos, Can Understandable Judicial Arguments Strengthen Support for Politically Salient Court Rulings? (unpublished working paper) (2017), https://static1.squarespace.com/static/57c5cde115d5dbd5c5fb8b38/t/59355bb76b8f5beeb5bee57f/1496669111940/Grimm+Bos+Courts+and+legitimacy.pdf.

Judicial deliberation is a crucial component undergirding judicial legitimacy. It is argued that judicial reasoning is monolithic and inaccessible to outsiders. We will test if more comprehensible reasoning helps to boost specific support for politically salient decisions. The current paper reports on a pilot study for an experiment with 262 participants. We used a between-subjects design in a 3 (elaboration: no, legal, comprehensible) x 2 (procedural fairness: low or high) factorial experiment. Participants were first asked their opinion about a specific issue about an illegal immigrant – a politically salient topic – and then the verdict of a judge on this manner. We tested several predictions, none of which are clearly supported by our data, partly because of a lack of power in our pilot study. This paper concludes with some ideas for improving the design and sample size for future study. One interesting yet unexpected finding is that a more comprehensible elaboration leads to convergence in support levels between those who have a congruent and those who an opinion incongruent with the judicial verdict. This indicates that comprehensible reasoning does not necessarily lead to strengthened support, but it increases support amongst opponents and decreases support amongst proponents of a verdict. A broader implication may be that providing legal arguments in a manner that is easily understandable to a lay public might be able to converge a divided public opinion.

Emily K. Pelletier, Procedural Justice for Youth: Discrepancies in the Provision of Defense Counsel for Youth in the Juvenile Justice System (June 2017) (unpublished Ph.D. dissertation, City University of New York), http://academicworks.cuny.edu/gc_etds/2112/.

Youth in the juvenile justice system experience racially disparate outcomes at all contact points throughout the system process, despite race-neutral state policies governing the juvenile justice system. States provide defense counsel for indigent youth in the juvenile justice system through policies containing race-neutral language; however, each state maintains different policies protecting youth rights to defense counsel. This study questions the relationships among state policies protecting youth rights to defense counsel, racially disparate outcomes for youth in the juvenile justice system, and state socioeconomic and racial composition. The study relies on content analysis to transform qualitative state policies into quantitative data suitable for quantitative analysis. As identified through statistical analysis, the study results indicate some consistent patterns emerge between the state policies protecting defense counsel for youth and racially-disparate outcomes.

Jinshi Chen, An Information Analysis of Judges’ Repetitive Discourse in Criminal Courtroom, 13 Can. Soc. Sci. 30 (2017), http://www.cscanada.net/index.php/css/article/view/9482.

This paper, based on Discourse Information Theory (DIT), analyzes the information features and functions of a judge’s repetitive discourse, and the realization of judicial justice in the judge’s repetitive discourse. The results show that in the interaction between the judge and the illiterate appellant, the judge’s repetitive discourse has been put at lower information levels, endowed with specific information knots and sharing categories, falls the functions of information check, information confirmation, information request, information indication and information instruction, and maintains procedural justice, distributive justice and retributive justice. Therefore, appropriate repetitive discourse will contribute to the present reform of judges’ discourse in criminal courtroom.

Policing

Justin Nix et al., Demeanor, Race, and Police Perceptions of Procedural Justice: Evidence from Two Randomized Experiments, Just. Q. (published online June 2017), http://www.tandfonline.com/doi/abs/10.1080/07418825.2017.1334808.

President Obama’s Task Force on 21st Century Policing recently endorsed procedural justice as a way to restore trust between police and communities. Yet police–citizen interactions vary immensely, and research has yet to give sufficient consideration to the factors that might affect the importance officers place on exercising procedural justice during interactions. Building on research examining “moral worthiness” judgments and racial stereotyping among police officers, we conducted two randomized experiments to test whether suspect race and demeanor affect officers’ perceptions of the threat of violence and importance of exercising procedural justice while interacting with suspicious persons. We find that suspect race fails to exert a statistically significant effect on either outcome. However, demeanor does—such that officers perceive a greater threat of violence and indicate it is less important to exercise procedural justice with disrespectful suspects. These findings have implications for procedural justice training, specifically, and police–community relations more broadly.

Yuning Wu et al., Procedural Justice Received and Given: Supervisory Treatment, Emotional States, and Behavioral Compliance Among Taiwanese Police Officers, Crim. Just. & Behav. (published online April 2017), http://journals.sagepub.com/doi/abs/10.1177/0093854817702407.

Drawing upon the work of procedural justice and general strain theory, as well as officer survey data from Taiwan, this study proposes and tests a conceptual model that links the internal procedural justice officers receive from supervisors to the external procedural justice officers provide to the public. Results indicated that internal procedural justice affected external procedural justice both directly and indirectly through the mediating factors of job-related satisfaction and anger. Supervisory procedural justice also exerted an indirect influence on officer compliance with organizational rules through the mediating factor of anger and frustration. Implications for research and policy are discussed.

Maarten Van Craen & Wesley G. Skogan, Officer Support for Use of Force Policy: The Role of Fair Supervision, 44 Crim. Just. & Behav. 843 (2017), http://journals.sagepub.com/doi/abs/10.1177/0093854817696341.

Police use of force is an issue of great concern, even in democratic societies. Recent events in the United States and Europe reinforce older lessons that legitimate policing is both important and hard to achieve. This article adds to our understanding of how a fundamental aspect of police organizations—supervision—might contribute to a better justified use of force by the police. We examine the relationship between fair supervision (internal procedural justice) and officers’ support for restrictions on their use of force. Our findings suggest that supervisor modeling can provide an important linkage between the two. The results also suggest that fair supervision fosters support for restraint in the use of force through greater moral alignment with citizens and increased trust in the general public. The implications of this for research and police practice are discussed.

Holly Johnson, Why Doesn't She Just Report It? Apprehensions and Contradictions for Women Who Report Sexual Violence to the Police, 29 Can. J. Women & L. 36 (2017), http://www.utpjournals.press/doi/pdf/10.3138/cjwl.29.1.36.

A specific goal of law and policy reform has been to encourage women to come forward with sexual assault complaints, but has the nature of the police response improved to warrant this encouragement? While analyses of attrition point to important junctures where cases are dropped, less is known about the diverse and complex decisions women make to engage the criminal justice system and the apprehensions and contradictions that play out in their dealings with the police. This article presents the results of a study of sexual assault survivors whose assaults were reported to the police in a mid-sized Canadian city through the analysis of their experiences, from the decision to report to the police through to their interactions with front-line officers and sexual assault investigators. While some police officers delivered procedural justice in the form of a professional non-judgmental response, others acted on “real rape” understandings of sexual assault and conveyed disbelief, skepticism, and a poor understanding of the effects of trauma. Although charging and prosecution rates have not improved, results of this study show that survivors who engage with police are increasingly likely to expect a positive response. Some women were willing to trust that “things have changed” or their experience was unique. In an era of growing formal equality and heightened expectations of police, results of this study show that there is a long way to go before women are guaranteed equality in the application of sexual assault law.

John D. McCluskey & Michael Reisig, Explaining Procedural Justice During Police-Suspect Encounters: A Systematic Social Observation Study, Policing (published online June 2017), http://www.emeraldinsight.com/doi/abs/10.1108/PIJPSM-06-2016-0087.

The objective of this study is to develop and test a series of hypotheses regarding the use of procedurally-just policing during suspect encounters. Systematic social observation (SSO) data from police encounters with suspects are used (N = 939). Ordinary least-squares regression models are estimated to evaluate the effects of four variable clusters (i.e., suspect self-presentation, situational factors, suspect social characteristics, and officer characteristics) on procedurally-just policing practices. Results from the regression models show that the most salient predictors of police officers exercising authority in a procedurally-just manner include the level of self-control displayed by suspects, the number of citizen onlookers, whether the encounter involved a traffic problem, the race/ethnicity of suspects, and suspects’ social status.

Ellen Leslie et al., The Role of Procedural Justice in How Young Adult Stimulant Users Perceive Police and Policing, Trends & Issues Crime & Crim. Just., June 2017, at 1, http://www.aic.gov.au/media_library/publications/tandi_pdf/tandi533.pdf.

Procedural justice is concerned with ensuring police treat those they interact with fairly and make fair decisions. It is a key strategy for promoting willingness to cooperate with police. Little is known, however, about how procedural justice might influence young adult drug users.

This study compares perceptions of police and policing and willingness to cooperate with police in a population based sample of young adult amphetamine-type stimulant users and non-users, using both quantitative and qualitative data.

The findings suggest that procedural justice-based policing promotes positive perceptions of police and increases support for, and willingness to cooperate with, police among young adult illicit drug users.

Anjuli Van Damme, How to Measure Procedurally (Un)just Behavior During Police–Citizen Interactions, Policing (published online June 2017), http://www.emeraldinsight.com/doi/abs/10.1108/PIJPSM-09-2016-0140.

The purpose of this study is to validate an instrument, based on previous research, for measuring procedurally just and unjust police behavior during interactions with citizens. Data were gathered from September 2015 to January 2016 using systematic social observations in two local police forces in Belgium. A total of 284 full police–citizen interactions were observed. We describe and explain how we measured procedurally (un)just police behavior and discuss existing research on the subject. We also test the validity of the instrument and stress the importance of making a distinction between procedurally just and unjust behavior, which has often been overlooked in previous research. Our measurement instrument passed the validity test, except for the procedurally just neutrality sub-index. The findings also confirm that both procedurally just and procedurally unjust police behavior can occur in the same interaction. Moreover, except for the trustworthy sub-indexes, we found a stronger negative correlation of procedurally unjust behavior with the citizen’s behavior compared to the strength of the positive correlations of the procedural justice indexes.

Dennis P. Rosenbaum & Daniel S. Lawrence, Teaching Procedural Justice and Communication Skills During Police–Community Encounters: Results of a Randomized Control Trial with Police Recruits, J. Experimental Criminology (published online June 2017), https://link.springer.com/article/10.1007/s11292-017-9293-3.

Objectives: To describe and evaluate Chicago’s Quality Interaction Program (QIP) for police recruits. . . .

Methods: The QIP is an underutilized approach to police training that involves engaging recruits through applied case studies, role-playing scenarios, repetitive opportunities for practice, and individualized feedback. The impact of QIP training on 142 officers’ attitudes and behaviors was evaluated in a randomized control trial. Treatment and control groups were assessed through responses to self-reported questionnaires as well as research-coded videos that recorded officers during role-playing scenarios.

Results: The QIP did not change recruits’ attitudes toward procedural justice, nor did it impact their self-reported interpersonal communication skills. However, the program was effective at creating more respectful and reassuring behaviors during role-playing scenarios that were videotaped. The program also improved recruits’ decision-making during a scenario with rebellious youths and reduced officers’ reliance on force and arrest relative to controls.

Conclusion: The QIP initiative was instrumental in moving police training beyond “talking heads” to interactive adult education, while promoting a more sophisticated understanding of human dynamics during police–public encounters. The results, however, were mixed, due in part to a training academy environment that emphasized aggressive policing and officer safety. Thus, reform-minded agencies may need to rethink the totality of the training experience to achieve strong results.

Ross Deuchar & Kalwant Bhopal, Young People, Police Officers and the Barriers to Enacting Procedural Justice, in Young People and Social Control: Problems and Prospects from the Margins 73 (2017), https://link.springer.com/chapter/10.1007/978-3-319-52908-0_5/fulltext.html.

This chapter examines the way in which young, working class men may experience disadvantage at the hands of the police. Insights from participant observation of police patrols and interviews with young men in Scotland illustrate the policing strategies that often lead to the alienation of young people, including the use of stop and search that can sometimes be based on stereotypical social information. The insights are drawn upon and related to Foucault’s (Discipline and punish – the birth of the prison, Vintage Books, New York, 1977) analysis of surveillance, panopticism and disciplinary control. In so doing, the chapter considers the impact that contemporary policing culture and practice can have on contributing towards alienating forms of social control and the way in which this can undermine young people’s experiences of justice, equity and inclusion. It also explores the way in which some young men may react towards this structural oppression by drawing on particular techniques to confront, evade and spite police officers and the way in which the confrontations that emerge on the streets ultimately hinder crime prevention.

Tammy Rinehart Kochel, Legitimacy Judgments in Neighborhood Context: Antecedents in “Good” Versus “Bad” Neighborhoods, Policing (published online June 2017), http://www.emeraldinsight.com/doi/abs/10.1108/PIJPSM-05-2016-0066.

Purpose: Policing differs across neighborhoods, but little is known about how context conditions residents' assessments about police legitimacy. The study investigates whether procedural justice and police effectiveness differently contribute to legitimacy judgments depending on the security risk inherent in the context.

Design/methodology/approach: The research applies a series of multi-level regression models using nearly 3,000 surveys of Trinidad and Tobago residents.

Findings: Police legitimacy and the conditions that promote legitimacy vary across neighborhoods. In “good” neighborhoods, individuals draw on police effectiveness and procedural justice to infer legitimacy, but in at-risk neighborhoods, residents’ views derive from effectiveness. Procedural justice does not play a significant role.

Practical implications: One implication for police is that the current emphasis on evidence-based policing strategies, especially in high crime neighborhoods, can provide a mechanism to improve the generally negative views about police legitimacy held by those residents. The findings do not imply, however, that police need not be concerned about procedural justice in at-risk neighborhoods. In fact, as police improve their crime prevention prowess, views about how procedurally just their methods are increase in importance.

Kristina Murphy, Natasha Madon & Adrian Cherney, Promoting Muslims’ Cooperation with Police in Counter-Terrorism: The Interaction Between Procedural Justice, Police Legitimacy and Law Legitimacy, Policing (published online June 2017), http://www.emeraldinsight.com/doi/abs/10.1108/PIJPSM-05-2016-0069.

Procedural justice is important for fostering peoples’ willingness to cooperate with police. Theorizing suggests this relationship results because procedural justice enhances perceptions that the police are legitimate and entitled to be supported. This paper examines how legitimacy perceptions moderate the effect of procedural justice policing on Muslims’ willingness to cooperate with police. Survey data from 800 Muslims in Australia is used. This study shows Muslims’ procedural justice perceptions are positively associated with two types of cooperation: (1) willingness to cooperate with police in general crime control efforts, and (2) willingness to report terror threats to police. Muslims’ perceptions of police legitimacy and law legitimacy also influence willingness to cooperate. Specifically, police legitimacy is more important for predicting general willingness to cooperate with police, while law legitimacy is more important for predicting Muslims’ willingness to report terror threats. Importantly, legitimacy perceptions moderate the relationship between procedural justice and both types of cooperation. Specifically, procedural justice promotes cooperation more strongly for those who question the legitimacy of police or the legitimacy of counter-terrorism laws, but the moderation effects differ across the two cooperation contexts. The findings have implications for procedural justice scholarship and for counter-terrorism policing.

Laura Jane Knight, Police-Faith Relations: Perceptions, Experiences and Challenges (June 2017) (unpublished Ph.D. dissertation, University of Leicester), https://lra.le.ac.uk/handle/2381/39918.

The changing landscape of police-faith relations in the UK presents challenges to policing policy and practice relating to issues of prejudice, hate crime, extremism and terrorism. Academic attention in this area has largely focused on Muslim and Jewish communities in the context of hate crime and terrorism, yet increasing diversity and community hostility to ‘difference’ requires a broader lens through which to assess police-faith relations. This case study draws on qualitative interviews with police officers and staff, self-identified ‘faith community leaders’ and community members across Baha’i, Christian, Hindu, Jewish, Muslim, Quaker and Sikh faiths. The findings demonstrate a prevailing perception of the police as ‘uncultured’, fueled by limited engagement with faith communities and the framing of police-faith relations as an issue of diversity associated with risk. This issue is exacerbated by systemic dominant cultures in policing which value ‘catching criminals’ and devalue the ‘soft’ skills and roles associated with building relationships across diverse groups. . . . The findings highlight limitations in leadership and strategy to develop police-community relationships, which specifically impacts upon faith groups at the periphery of police awareness and protection.

Shiny Sharma, Procedural Justice and Citizen Compliance: Police Officer Demeanor and Crime Severity (June 2017) (unpublished M.A. thesis, City University of New York), http://academicworks.cuny.edu/jj_etds/24/.

Little is known about how police officer demeanor impacts citizen compliance under specific conditions such as the severity of a crime. Using a sample of 141 college students, we randomly assigned vignettes that manipulated crime severity type (e.g., petty theft or armed robbery) and police officer demeanor (e.g., procedurally just or not procedurally just) to gain a better understanding of this nuanced relationship. Participants were more likely to report suspicious behavior, regardless of crime severity, if the officer demeanor was procedurally just. Additionally, participants were more likely to consent to a search and report a suspicious person in the procedurally just with a severe crime condition when compared to the less procedurally just with a less severe crime condition. There were no significant relationships between crime severity, officer demeanor, and participant's likelihood of providing identification to the officer. The results of this study show the significance of implementing policing strategies that foster aspects of procedural justice, as it may be beneficial for the police in receiving compliance and assistance from the public.

Ivan Y. Sun et al., Procedural Justice, Legitimacy, and Public Cooperation with Police: Does Western Wisdom Hold in China? J. Res. Crime & Delinquency (published online June 2017), http://journals.sagepub.com/doi/abs/10.1177/0022427816638705.

The principal objective of the current study is to test the applicability of Tom Tyler’s process-based model of policing in China. A secondary objective of this research is to examine the internal consistency and discriminant validity of key composite constructs in Tyler’s model. Using survey data collected from approximately 1,000 residents in a Chinese city, ordinary least squares regression was employed to assess the direct and indirect (through legitimacy) effects of procedural justice, specific distributive justice, and police effectiveness on willingness to cooperate with the police. The internal consistency and discriminant validity of key composites in Tyler’s original model appear questionable with the Chinese data. Procedural justice, just like in the West, plays a significant role in predicting Chinese views on police legitimacy and willingness to cooperate with the police. Meanwhile, the strongest predictor of Chinese perceptions of police legitimacy is police effectiveness. The impact of both distributive justice and effectiveness on Chinese willingness to cooperate is mainly indirect through police legitimacy.

Elsa Saarikkomäki, Young People’s Conceptions of Trust and Confidence in the Crime Control System: Differences Between Public and Private Policing, Criminology & Crim. Just. (published online April 2017), http://journals.sagepub.com/doi/abs/10.1177/1748895817700695.

Private security increasingly participates in policing, thus changing the field of policing. However, there is a lack of research on how private security is perceived by citizens, and particularly by young people. This article reports on a novel approach to studying procedural justice and trust; it compares young people’s perceptions of public and private policing. Relying on focus group data from Finland, the findings indicated that young people have more trust and confidence in the police than in private security guards. Their perceptions were based on face-to-face encounters (to measure ‘trust’) and on general assumptions (to measure ‘confidence’). Young people perceived the police as more educated, professional, legitimate and respectful than security guards. They also felt that security guards sometimes exceed their legal rights and act unfairly. However, the findings also suggest that security guards have some legitimacy. The study suggests that issues around trust in policing are more complex than prior research indicates and that private security cannot replace police tasks without it affecting perceptions of trust in policing.

Devon Johnson et al., Race and Perceptions of Police: Experimental Results on the Impact of Procedural (In)justice, Just. Q. (published online June 2017), https://www.researchgate.net/profile/Devon_Johnson2/publication/317433807_Race_and_Perceptions_of_Police_Experimental_Results_on_the_Impact_of_Procedural_InJustice/links/593ab575aca272c4d9123ff6/Race-and-Perceptions-of-Police-Experimental-Results-on-the-Impact-of-Procedural-InJustice.pdf.

Procedural justice theory posits that people will view law and legal institutions as more legitimate and will be more willing to cooperate and comply with these institutions and their agents when treated in a procedurally just manner. While research supports this basic premise, questions remain about the influence of race on this process, especially in the wake of several recent highly publicized and controversial deadly force incidents involving white officers and black suspects. In this study, 546 participants were randomly assigned to view one of six videos depicting a simulated traffic stop. The videos featured three procedural justice conditions (positive, negative, and neutral) and two driver race conditions (white and African American). The findings showed that procedural justice improved encounter-specific assessments of police. Furthermore, black respondents assessed police less favorably than non-black respondents. In addition, the positive effect of procedural justice was larger when the driver was white.

Rob Voigt et al., Language from Police Body Camera Footage Shows Racial Disparities in Officer Respect, 114 Proc. Nat’l Acad. Sci. 6521 (2017), http://www.pnas.org/content/114/25/6521.abstract.

Using footage from body-worn cameras, we analyze the respectfulness of police officer language toward white and black community members during routine traffic stops. We develop computational linguistic methods that extract levels of respect automatically from transcripts, informed by a thin-slicing study of participant ratings of officer utterances. We find that officers speak with consistently less respect toward black versus white community members, even after controlling for the race of the officer, the severity of the infraction, the location of the stop, and the outcome of the stop. Such disparities in common, everyday interactions between police and the communities they serve have important implications for procedural justice and the building of police–community trust.

Dalhatu Saidu Abubakar, Zaheruddin Bin Othman & Jamaludin Bin Mustaffa, Community Policing Participation Intention and the Indirect Effect of Attitudes Toward the Police: A Proposed Model, 7 Int’l J. Mgmt. Res. & Rev. 225 (2017), http://search.proquest.com/openview/58535ad3f9879140ce69504d054ac5c5/1?pq-origsite=gscholar&cbl=2028922.

Nigeria has been experiencing serious security challenges, which defied solutions, even with enormous security policies and programs. Hence, the need for a better and appropriate policing style that is democratic and people oriented to ensure public safety. This paper proposes a model of community policing participation intention in Nigeria. The paper aimed at examining demographic variables (religion, and ethnicity), and trusting variable (trust in the police) as issues that directly influence citizens’ intention to participate in community policing in Nigeria. Additionally, the paper evaluates the indirect effects of attitudes toward the police on citizens’ participation intention in community policing. The paper further reviews extant literature and comes up with a model based on the combination of three theories; group position theory, procedural justice theory, and theory of planned behavior.

Sylvia Staubli, Trusting the Police: Comparisons Across Eastern and Western Europe (2017).

The underlying question posed in this book asks: What shapes people’s perception of the police? The book aims to contribute to the field of trust and attitudinal research in several ways. Firstly, institutional approaches are considered, identifying the police as part of wider governmental institutions. Secondly, theories of procedural justice are examined. . . . These approaches enter into the analyses in such a way that the global notion of trust in the police is linked to global statements about police’s procedural fairness and effectiveness. . . . [S]ince studies dealing primarily with institutional trust in the police are rare, social trust is taken into account as an explanatory force in the upcoming analysis. . . . Another aim is to link cross-national analyses to a concrete in-depth county study. A country study of Switzerland follows the search for correlations at a cross-country level. It tests whether the links can be proven in a single country marked by high levels of trust in the police.

Sebastian Roché & Guillaume Roux, The “Silver Bullet” to Good Policing: A Mirage. An Analysis of the Effects of Political Ideology and Ethnic Identity on Procedural Justice, Policing (published online May 2017), http://www.emeraldinsight.com/doi/abs/10.1108/PIJPSM-05-2016-0073.

Procedural justice (PJ) during police-citizen interactions has often been portrayed as a “silver bullet” to good policing, as it could function as a means to gain trust, voluntary obedience, and public cooperation. PJ research is based on the assumption that there exists “true fairness”. However, it is still unclear what people actually mean when they evaluate the police as “fair” in surveys. By focusing our analysis to underexplored aspects of PJ, namely the identity and political antecedents of the attribution of procedural fairness, we highlight the social and ideological reasons that influence people’s perceptions of police fairness. . . . The present study finds support for the notion that aggressive policing policies (police-initiated contacts, e.g., identification checks, road stops) negatively impacts attributions of fairness to police. In addition, our findings show that attributions of fairness are not only interactional (i.e., related to what police do in any given situation) or related to individual cognitive phenomena, but for the most part pertain to broader social and political explanations. Political and ethnic cleavages are the key to understanding how police operate and are judged by the public. Our findings therefore question the nature of what is actually measured when fairness is attributed to police, finding that more punitive and conservative respondents tend to assess the police as fair. We find that the attribution of fairness seems to correspond to upholding the existing social order.

Tri Keah S. Henry & Travis W. Franklin, Police Legitimacy in the Context of Street Stops: The Effects of Race, Class, and Procedural Justice, Crim. Just. Pol’y Rev. (published online May 2017), http://journals.sagepub.com/doi/abs/10.1177/0887403417708334.

Citizens’ perceptions of the police have been recognized as a long-standing issue of significant importance. Positive perceptions of the police, especially as they relate to legitimacy, are not only critical for fostering healthy police/community relationships but also for enhancing community safety. A large body of research has examined the predicates of legitimacy by studying residents’ general police perceptions as well as their perceptions in specific contexts, primarily traffic stops. Much less is known, however, about the sources of police legitimacy in the context of street stop encounters. Consequently, the current study uses data from the 2011 Police Public Contact Survey to examine the role of procedural justice, along with key sociodemographic characteristics—race and class—in shaping perceptions of legitimacy during non-traffic-related police–citizen street encounters. Findings indicate that officer behavior and levels of respect afforded to citizens during these encounters significantly influence perceptions of legitimacy. Implications and policy recommendations are discussed in detail.

Sara Hockin, Understanding Youth Perceptions of Police Legitimacy (May 2017) (unpublished M.S. thesis, Georgia State University), http://scholarworks.gsu.edu/cj_theses/22/.

Police-community interactions became a highly publicized topic in the United States following several recent police-involved shootings. Previous research shows several factors predict attitudes and behaviors toward police, including neighborhood context, race, offender status, and experiencing procedural justice. Contact with actors in the criminal justice system can begin at a young age. Based on these issues, the current study focused on two primary research questions: What are youths’ perceptions of police legitimacy? What experiences have shaped those understandings? Using semi-structured interviews with a sample of 28 youth ages 13-17 from diverse backgrounds and neighborhoods, the current study sought to identify the ways young people conceptualize police legitimacy and rationalize the attitudes they hold. The study explored how direct and indirect experiences as well as acculturation shape youths’ understandings of the police and policing.

 

New Thinking and Interpretations

Belén V. Lowrey-Kinberg & Grace Sullivan Buker, “I'm Giving You a Lawful Order”: Dialogic Legitimacy in Sandra Bland's Traffic Stop, 51 L. & Soc. Rev. 379 (2017), http://onlinelibrary.wiley.com/doi/10.1111/lasr.12265/full.

On July 10, 2015, a young African American woman named Sandra Bland was stopped by State Trooper Officer Brian Encinia for failing to signal a lane change. What began as a routine traffic stop quickly devolved into shouting, a physical confrontation, and Bland's subsequent arrest. We use discourse analysis to examine the rapid escalation of this encounter with a focus on procedural justice (Sunshine & Tyler 2003) and the dialogic approach to legitimacy (Bottoms & Tankebe 2012). In analyzing the transcript of Sandra Bland's traffic stop, we address several key questions: How is procedural justice manifested linguistically? Can the dialogic legitimacy framework be used to understand the dynamics of individual police-citizen interactions? The conclusions of this analysis provide an interdisciplinary view of how procedural justice and legitimacy are manifested and negotiated in a police-citizen interaction.

Aziz Z. Huq, Dignity, Not Deadly Force: Why Procedural Justice Matters for Modern Policing and Democracy, 34 World Pol’y J. 38 (2017), http://wpj.dukejournals.org/content/34/2/38.short.

While domestic security forces around the world equip themselves with military-grade weapons and surveillance technologies, those who research crime have reached a different consensus: To reduce lawbreaking, officers should listen to the accused, show basic courtesy, and exhibit evenhandedness. University of Chicago law professor Aziz Z. Huq concludes that the health of a country’s democracy may even depend on it.


Victims and Offenders

Mary Iliadis & Asher Flynn, Providing a Check on Prosecutorial Decision-Making: An Analysis of the Victims’ Right to Review Reform, Brit. J. Criminology (published online June 2017), https://academic.oup.com/bjc/article-abstract/doi/10.1093/bjc/azx036/3885298/Providing-a-Check-on-Prosecutorial-Decision?redirectedFrom=fulltext.

The Victims’ Right to Review (VRR) enables victims to request a review of a prosecutor’s previously finite decision not to proceed with charges; the outcome of which can include a reversal of that decision. Informed by the voices of those involved in the VRR’s development and operation, and a quantitative dataset unique to our study, this article analyses the VRR process and outcomes two years post its implementation. Ultimately, we argue that despite being a primary aim of the reform, transparency, accessibility and accountability concerns may hinder the VRR’s capacity to address victims’ procedural justice needs (information, voice, control, validation), thereby reducing its effectiveness.

T. K. Vinod Kumar, Comparison of Impact of Procedural Justice and Outcome on Victim Satisfaction: Evidence from Victims’ Experience with Registration of Property Crimes in India, Victims & Offenders (published online May 2017), http://www.tandfonline.com/doi/abs/10.1080/15564886.2017.1323063.

Crime victim–police interface and registration of crime are the early and fundamental interactions in the criminal justice system. The process of lodging a complaint is marked by the pain of victimization, sharing of information, and expectation of quick remedial action from the police. The nature and quality of experience of the victim and outcomes impact the level of satisfaction with services of police. Through a survey of victims of property crimes, in different areas of a state in India, the author examines the impact of procedural justice and outcomes on victim satisfaction. The study illuminates the outcome oriented expectations of the victim, and the unique dynamics of victim–police interaction, which strains the legal ethical framework of the criminal justice system.

 

New Thinking and Interpretations

Rachel Louise Killean, Victims, Professionalisation and International Justice: A Critical Examination of the Civil Party System in the Extraordinary Chambers in the Courts of Cambodia (2016) (unpublished Ph.D. dissertation, Queen's University Belfast), http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.706996.

While international(ised) criminal courts have often been declared as bringing ‘justice’ to victims, their procedures and outcomes historically showed little reflection of the needs and interests of victims themselves. This situation has changed significantly over the last sixty years; victims are increasingly acknowledged as having various ‘rights’, while their need for justice has been deployed as a means of justifying the establishment of international(ised) criminal courts. However, one strong critique which has emerged is that international crimes continue to be viewed as being first and foremost a breach of an abstract legal order, with the wrong committed against particular individuals being of secondary importance. Thus, while the symbolic victim has developed as a key figure in legitimating practices, the ability of international(ised) criminal courts to deliver ‘justice to victims’ remains contested amongst practitioners and academics alike. This thesis seeks to contribute to this debate through an examination of the role of victims as civil parties within the Extraordinary Chambers in the Courts of Cambodia. It seeks to make three contributions: (1) utilizing a multi-perspective, actor-oriented analysis, it sheds light on the way in which both the ECCC and the role of victims within it were shaped by specific political economic and legal contexts, (2) it provides an err pineal contribution to the discussion surrounding the perceived ‘gap’ between the legitimizing value of the abstract ‘imagined victim’, and the extent to which victims are able to further their interests within international criminal courts; (3) it analyses the impact, it any, that victim participation has had on the ECCC’s ability to deliver ‘justice’ and garner legitimacy in the eyes of civil parties. In order to further its theoretical analysis, it draws on a number of theories, including critical victimology, procedural justice, legitimacy and judicial behavior.

 

Business and Management

Sean P. Goffnett, Exploring Procedural Justice as a Predictor of Satisfaction and Performance in Supply Chain Relationships, 2 Int’l J. Supply Chain & Operations Resilience 315 (2017), http://www.inderscienceonline.com/toc/ijscor/2/4.

In challenging times, firms are drawn to partners to help determine the best procedures and practices that can enhance the resiliency and competitiveness of the supply chain. The present study adds to literature by addressing calls to examine procedural justice and cohesion at the supply chain level. Partial least squares modelling was used to test a model in which cohesion was hypothesized to mediate the relationship between procedural justice and performance outcomes. Data from 235 firms was analyzed. Results showed supply chain procedural justice is a predictor of relationship satisfaction and performance and supply chain cohesion mediates the relationships between the independent variable and the dependent variables. When supply chain members are fair in their dealings the supply chain becomes a more cohesive unit that can improve reliability, relationship satisfaction, and overall performance effectiveness. Firms should leverage resources and develop capabilities that generate reliable and satisfying relationships that lead the supply chain toward resilient growth and sustained competitive advantage.

Justin P. Brienza & D. Ramona Bobocel, Employee Age Alters the Effects of Justice on Emotional Exhaustion and Organizational Deviance, Frontiers Psychol., April 2017, at 1, http://journal.frontiersin.org/article/10.3389/fpsyg.2017.00479/full.

Fairness in the workplace attenuates a host of negative individual and organizational outcomes. However, research on the psychology of aging challenges the assumption that fairness operates similarly across different age groups. The current research explored how older workers, vis-à-vis younger workers, react to perceptions of fairness. Integrating socioemotional selectivity theory and the multiple needs theory of organizational justice, we generated novel predictions regarding the relations between perceptions of workplace justice, emotional exhaustion, and employee deviance. Specifically, we hypothesized and found that employee age moderates the negative relation between justice facets and deviance (Study 1) and emotional exhaustion (Study 2). We also found that emotional exhaustion mediates the differential effects of justice on deviance, and that this relation depends on employee age (Study 2). Relative to younger workers, older workers are more sensitive to informational and interpersonal justice; in contrast, relative to older workers, younger workers are more sensitive to distributive and procedural justice. The research supports and extends existing theory on organizational justice and on the psychology of aging. Moreover, it highlights the importance of considering employee age as a focal variable of interest in the study of justice processes, and in organizational research more generally.

Julie Cloutier et al., Understanding the Effect of Procedural Justice on Psychological Distress, 35 Labor Dynamics Inst. (2017), http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1034&context=ldi.

Studies on the effect of procedural justice on psychological distress present conflicting results. Drawing on instrumental and relational perspectives of justice, we test the hypothesis that the perception of procedural justice influences the level of workers’ psychological distress. Using a number of validated instruments to collected data from 659 workers in three call centers, we use OLS regressions and Hayes’ PROCESS tool to show that the perception of procedural justice has a direct, unique, and independent effect on psychological distress. The perception of procedural justice has no instrumental role, the key mechanism being the relational role, suggesting that perceived injustice influences psychological distress because it threatens self-esteem. Distributive justice perceptions (recognition, promotions, job security) are not associated with psychological distress, calling into question Siegrist’s model. Our findings suggest that perceived procedural justice provides workers better evidence of the extent to which they are valued and appreciated members of their organizations than do perceptions of distributive justice. The results highlight the greater need for workers to be valued and appreciated for who they are (consideration and esteem), rather than for what they do for their organization (distributive justice of rewards).

Sebastian C. Schuh et al., The Interpersonal Benefits of Leader Mindfulness: A Serial Mediation Model Linking Leader Mindfulness, Leader Procedural Justice Enactment, and Employee Exhaustion and Performance, J. Bus. Ethics (published online June 2017), https://link.springer.com/article/10.1007/s10551-017-3610-7.

Although it is an increasingly popular assumption that leader mindfulness may positively affect leader behaviors and, in turn, employee outcomes, to date, little empirical evidence supports this view. Against this backdrop, the present research seeks to develop and test a serial mediation model of leader mindfulness. Specifically, we propose that leader mindfulness enhances employee performance and that this relationship is explained by increased leader procedural justice enactment and, subsequently, reduced employees’ emotional exhaustion. We conducted three studies to test this model. Study 1 involved employees from a wide range of organizations in the USA (N = 275 employees). Study 2 used a sample of leaders and employees from China and measured our model variables at three different points in time (N = 182 employees and 54 leaders). Both studies provide consistent support for our hypotheses. Finally, Study 3 involved a laboratory experiment in which 62 senior executives were assigned to either a mindfulness induction or to a control condition. Again, results revealed a significant and positive link between leader mindfulness and leader procedural justice enactment. In sum, these findings expand our understanding of mindfulness to the domain of leadership, a key area of organizational research. Moreover, they complement prior studies by showing that mindfulness dynamics go beyond intrapersonal effects but also influence the attitudes and behaviors of others. We discuss our findings in light of their contributions to the mindfulness, ethics, and leadership literatures and point out implications for practice.

Kyootai Lee et al., Procedural Justice as a Moderator of the Relationship Between Organizational Change Intensity and Commitment to Organizational Change, 30 J. Org. Change Mgmt. 501 (2017), http://www.emeraldinsight.com/doi/abs/10.1108/JOCM-08-2015-0139.

The purpose of this paper is to investigate how and why different forms of organizational change have different levels of organizational intensity, which in turn differentiate its impact on commitment to organizational change (COC). Its purpose is to also identify how procedural justice can reduce change-related stress and buffer the strain inducing effects of job demands. . . . The influence of job demands (represented as organizational change intensity-severity) on COC can depend on the nature of COC. Procedural justice not only facilitates employees to accept values and goals pertaining to organizational change but also adapt themselves to pressures of external change. Buffering effects of job resources (represented as job resources) had significant impacts only on normative commitment to organizational change (NCOC). . . . The results of this study provide important insights for human resource managers who plan and implement organizational changes. Procedural justice and organizational change intensity-severity should be considered to increase commitment to change.

Pablo Zoghbi-Manrique-de-Lara & Jyh-Ming Ting-Ding, Employees’ Justice Perceptions as a Factor Influencing Successful Outsourcing in the Hospitality Industry, 29 Int’l J. Contemp. Hospitality Mgmt. 1619 (2017), http://www.emeraldinsight.com/doi/abs/10.1108/IJCHM-09-2015-0477.

This study aims to hypothesize that the more in-house staff perceive themselves as beneficiaries of the procedural justice (PJ) followed in the outsourcing, or perceive their outsourced peers as recipients of distributive (DJ) and interactional justice (IJ), the more they will show acceptance and positive evaluations of the outsourcing initiatives. Although prior research in the hospitality industry has extensively studied individual-level reactions to organizational justice, no study has been undertaken to examine how hotel staff support and value outsourcing initiatives based on the way they perceive management’s treatment of them and their peers. . . . The results found that in-house employees who perceived themselves or their outsourced peers as recipients of organizational justice to a greater extent reported greater support for outsourcing by expressing higher levels of acceptance and better evaluations. The results also supported procedural justice (PJ) as playing a dominant role over distributive (DJ) and interactional justice (IJ).

M. Zahiri et al., Association Between Organizational Justice and Productivity of Human Resources: A Study at the Jundishapur Medical Sciences University of Ahvaz, 9 J. Fundamental & Applied Sci. 457 (2017), http://www.jfas.info/index.php/jfas/article/view/2326.

From the management perspective, productivity is defined as the successful utilization of resources to achieve the desired goals. Training and improvement of human resources are one of the several ways for increasing the productivity of human resources. Organizational justice is another factor affecting the productivity but has received little or no consideration. This correlational descriptive study aims to determine the association between organizational justice and productivity of human resources in Jundishapur Medical Sciences University of Ahvaz. . . . It was found that that the higher the perception of organizational justice especially procedural justice, the more was the productivity index in the organization. In addition, a medium, positive, and significant association was observed between distributive justice and the productivity of the employees.

Herm Joosten, Josée Bloemer & Bas Hillebrand, Consumer Control in Service Recovery; Beyond Decisional Control, J. Serv. Mgmt. (published online June 2017), http://www.emeraldinsight.com/doi/pdfplus/10.1108/JOSM-07-2016-0192.

Focusing on decisional control of the outcome provides only a partial picture of how firms may handle customer complaints and ignores many (alternative) opportunities to recover the relationship with the customer when service delivery fails. The aim of this study is to introduce other types of control and explore their effects. This paper conducts a field study using survey instruments to collect data from real consumers, which are subsequently analyzed with structural equations modeling. The main conclusion of this study is that there’s more to control than having a choice. Different types of control have differential main effects: behavioral control affects distributive justice, cognitive control affects procedural justice, and decisional control affects interactional justice (which in turn affect satisfaction and loyalty).

Gary W. Giumetti & Patrick H. Raymark, Engagement, Procedural Fairness, and Perceived Fit as Predictors of Applicant Withdrawal Intentions: A Longitudinal Field Study, 25 Int’l J. Selection & Assessment 161 (2017), http://onlinelibrary.wiley.com/doi/10.1111/ijsa.12169/full.

The current study draws upon image theory to identify predictors of applicant withdrawal intentions and behavior. Applicants from a U.S. manufacturing organization completed measures of engagement, procedural justice, perceived fit, offer expectancy, perceived alternatives, and withdrawal intentions. Results indicate that withdrawal intentions were lower when candidates were more engaged in the selection process, perceived a higher level of procedural justice in the application process, perceived a greater degree of fit, and had higher offer expectancies. Additionally, the person–job fit–withdrawal intentions relationship was moderated by perceived alternatives such that this relationship was strongest when candidates reported having more alternatives. Withdrawal behavior was significantly predicted by person–organization fit, engagement, and withdrawal intentions. These results suggest that withdrawal intentions may be reduced via the development of engaging and procedurally fair selection procedures that help candidates determine their fit with the job and the organization.


Miscellaneous

Jessica Wooldridge Brown, The Effect of Justice and Injustice on Sleep Quality (2017), (unpublished Ph.D. dissertation, University at Albany, SUNY), http://search.proquest.com/openview/928914cf50972afa5f0b686ac2f584d3/1?pq-origsite=gscholar&cbl=18750&diss=y.

The effect of workplace stressors on physical health has been well documented (Ganster & Rosen, 2013; Nixon, Mazzola, Bauer, Krueger, & Spector, 2011). However, gaps in the research led to two main goals of the study: (1) understanding in a fuller range of reactions through the study of justice adherence and rule infraction and (2) exploring an explanation for the justice-health effects. This multilevel, daily diary study was designed to measure participants’ perceptions of organizational fairness and physical health. After that participants responded to daily surveys on the perceived supervisor interactions, emotions, rumination, and sleep quality over the course of five days. A total of 157 participants were included, which provided 618 daily surveys. Results provide evidence for a relationship between person-level perceptions of distributive justice and procedural justice and injustice with daily sleep quality. Further, person-level distributive and procedural justice predicted daily fluctuations of happiness. Finally, indicators of rumination, measured daily, also predicted daily sleep quality. These findings suggest a need to continue exploring the full spectrum of fairness as the relationships across dimensions were different across health outcomes. Results from this study also point to a need for better measures of emotions that are more closely directed at agents of organizational experiences.

Nolan Thomas Gillespie, Legitimacy of Criminal Justice Organizations and Democratic Structures in Countries of Africa: A Comparison of 33 Nations (2017) (unpublished M.S. thesis, Michigan State University), http://search.proquest.com/openview/d5e137fbbf8002d4f66e2f63c1d11e42/1?pq-origsite=gscholar&cbl=18750&diss=y.

Prior research on legitimacy in advanced (full) democracies suggests that procedurally just actions of criminal justice actors relate to higher levels of perceived legitimacy by citizens. The bulk of extant research on legitimacy usually focuses on policing, yet some researchers understand the importance of broadening this scope by studying a more thorough representation of the criminal justice apparatus. Conceptual frameworks using trust to measure legitimacy have yielded intriguing results. An important direction of legitimacy research is to inquire about how democratic structures effect legitimacy. In an age of rising globalization, democracy and governance have become increasingly important to citizens in less advanced countries. For historical reasons, Africa remains a unique continent to study concerning democracy and criminal justice organizations. The aim of this research is to examine perceived legitimacy in criminal justice organizations in less advanced democracies, specifically those that are considered flawed, hybrid, or authoritarian. More specifically the study examines how procedural fairness, corruption, social capital, and degrees of democracy effect trust in police and courts among African countries that differ significantly on various democracy metrics with data drawn from 33 African nations. The inquiry attempts to reconcile the implications of democratic society with perceptions of criminal justice organizations. Findings and implications are discussed.

Chad Walker & Jamie Baxter, Procedural Justice in Canadian Wind Energy Development: A Comparison of Community-based and Technocratic Siting Processes, 29 Energy Res. & Soc. Sci. 160 (2017), http://www.sciencedirect.com/science/article/pii/S221462961730124X.

Though there is a growing literature on the value of participatory siting processes for increasing local acceptance of wind energy development, there has been much less unpacking of how residents view the siting process itself. We explore differences in the ways governments and developers enact planning and how this impacts both acceptance/support and procedural justice outcomes. This mixed methods study employed in-depth interviews (n = 54) and surveys (n = 252) with multiple stakeholder groups to understand perceptions of procedural justice across two Canadian provinces. We compared Ontario – which has built a strong base of wind energy capacity using technocratic siting procedures with Nova Scotia – which has anchored its development strategy more explicitly with a community-based program. We find stronger levels of perceived procedural justice in Nova Scotia across the majority of principles tested. In Ontario, opposition to local developments was highly conflated with a lack of procedural justice including few opportunities to take part in siting. Across both provinces however, specific aspects of planning processes – mostly related to ‘the ability to affect the outcome’ – were strong predictors of local approval of wind. This paper closes with a discussion of how future policy programs can more effectively engage with principles of procedural justice.

Rocío Calvo, Joanna M. Jablonska-Bayro & Mary C. Waters, Obamacare in Action: How Access to the Health Care System Contributes to Immigrants’ Sense of Belonging, J. Ethnic & Migration Stud. (published online June 2017), http://www.tandfonline.com/doi/abs/10.1080/1369183X.2017.1323449.

The Affordable Care Act (ACA) aimed to reduce stark health inequalities by providing universal health insurance to all Americans and long-term authorized immigrants. Later regulations, however, gave the 50 U.S. states latitude to choose the degree of coverage for their constituencies. In this paper, we explore how interactions with these diverse systems of care contribute to the incorporation of immigrants into America, especially among the most likely to remain uninsured: the working poor. We uncovered a process in which immigrants’ access to health coverage and care was informed by the procedural justice embedded in their interactions with representatives of the health care system. These interactions signaled to immigrants their deservingness in American society, operating as a system of incorporation in the most inclusive states and as a barrier to incorporation in the most exclusive ones. Repealing the ACA may exacerbate differences across states in access to health care among eligible immigrants and end the incipient transformation of the U.S. health care system into an agent of immigrant incorporation.

Geraldine O'Neill, It’s Not Fair! Students and Staff Views on the Equity of the Procedures and Outcomes of Students’ Choice of Assessment Methods, Irish Ed. Stud. (published online May 2017), http://www.tandfonline.com/doi/abs/10.1080/03323315.2017.1324805.

Giving students a choice of assessment methods is one approach to developing an inclusive curriculum. However, both staff and students raise concerns about its fairness, often described as its equity. This study investigates their perceptions of the fairness of the procedures and outcomes of this approach to assessment, in nine modules in a University setting. Using a tool validated as part of the study, students’ views on procedural fairness were gathered (n = 370 students). In addition, seven module coordinators were interviewed. A seven-step approach to the design of the approach was used. The results demonstrated that students were satisfied that their assessment choices were fair in levels of support, feedback, information and, to a lesser extent, student workload and examples of assessment methods. In exploring fairness of the outcomes, the students’ grades were not significantly different between the two sets of choices. However, based on staff interviews, the overall grades were higher than previous cohorts and higher than average for current student cohorts in the institution. The discussion highlights some of the complex issues surrounding fairness (equity) using assessment choice and, in addition, the paper refers to some practical tools for its implementation.

John C. Besley et al., Perceived Conflict of Interest in Health Science Partnerships, PLOS One (published online April 2017), http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0175643.

University scientists conducting research on topics of potential health concern often want to partner with a range of actors, including government entities, non-governmental organizations, and private enterprises. Such partnerships can provide access to needed resources, including funding. However, those who observe the results of such partnerships may judge those results based on who is involved. This set of studies seeks to assess how people perceive two hypothetical health science research collaborations. In doing so, it also tests the utility of using procedural justice concepts to assess perceptions of research legitimacy as a theoretical way to investigate conflict of interest perceptions. Findings show that including an industry collaborator has clear negative repercussions for how people see a research partnership and that these perceptions shape people’s willingness to see the research as a legitimate source of knowledge. Additional research aimed at further communicating procedures that might mitigate the impact of industry collaboration is suggested.

Nura Resh & Clara Sabbagh, Sense of Justice in School and Civic Behavior, 20 Soc. Psychol. Ed. 387 (2017), https://link.springer.com/article/10.1007/s11218-017-9375-0.

Adult citizenship requires a gradual acquisition of political culture—knowledge, attitudes, skills and patterns of behavior necessary to engage in political action. This is especially the case in democratic societies, which are based on citizens’ participation. Hence, education for citizenship is uniformly considered as a major mission of the common school, along with its central task of imparting knowledge. In this paper we add to the abundant empirical work on the contributing factors to and behavioral consequences of civic education, focusing on the role of the students’ sense of justice in school. We refine previous approaches by distinguishing among three dimensions of the sense of justice, two pertaining to the distributive, and one to the procedural justice. We investigate the effects of these dimensions on four kinds of civic behavior relevant to school life: academic dishonesty, violence, extracurricular activity in school and community volunteering. The study was carried out among about 5000 Israeli middle school students (8th and 9th grades). Findings suggest that, overall, students who perceive their teachers as just tend to refrain from violence and to engage to a greater extent in extra-curricular school activity and community volunteering.

Inbal Peleg-Koriat, Noa Nelson & Rachel Ben-ari, The Effects of Perceived Procedural Justice on Conflict Management Between Spouses, and the Mediating Role of Dyadic Adjustment, 33 Negotiation J. 129 (2017), http://onlinelibrary.wiley.com/doi/10.1111/nejo.12178/full.

In this study, we examined the role that perceived procedural justice (PPJ) plays in the conflict management behaviors that intimate spouses adopt and endorse. In this context, PPJ has been defined as the degree to which one perceives that his or her spouse makes decisions fairly, considerately, and in a participatory manner. To test the impact of perceived procedural justice on conflict resolution behavior, we applied the dual-concern model of conflict management style. In an experiment in which participants read fictional scenarios and predicted spouses’ responses, we found that perceptions of strong PPJ enhanced the prediction of integrating (problem solving), compromising, and, to a lesser degree, obliging behavior. Perceived procedural justice also caused a reduction in avoidance behavior, but no effect we found on dominating (competing) behavior. In a following correlational study, we also found that PPJ positively correlated to enhanced integrating, compromising, and obliging behaviors, and these correlations were partially or fully mediated by the degree of “dyadic adjustment,” which is a measure of relationship health. . . . In both studies, participants either predicted or chose collaborative behaviors more than non-collaborative ones. We conclude that the perception that one's partner is behaving in a procedurally just way can enhance active and egalitarian collaboration in marriage and other intimate partner relationships, but that the absence of PPJ does not seem to encourage active non-collaboration, particularly not highly self-centered dominating behavior.

 

New Thinking and Interpretations

Dan Moshavi & Stephen Standifird, Managing in a Culture of Debate: Enhancing Administrative Effectiveness Through Procedural Fairness, 13 J. Acad. Admin. Higher Ed. 1 (2017), https://eric.ed.gov/?id=EJ1139192.

The contestability of ideas is at the heart of a healthy academic institution. As a result, administrators face the challenge of making and implementing difficult decisions in an environment that is designed to explicitly create thoughtful discord. We argue that procedural fairness--explaining how and why important decisions are made--is an important tool for academic administrators to utilize in order to successfully manage in this arena. We present four brief cases that showcase the benefits of utilizing procedural fairness and the costs of ignoring it.

In the News/On the Web

Tracey Meares, Promoting Police Legitimacy and Procedural Justice (presentation at Yale School of Law, October 17, 2016), http://www.jhsph.edu/departments/health-policy-and-management/hpm-videos/promoting-police-legitimacy-and-procedural-justice.

Center for Court Innovation, What Is Procedural Justice? (April 10, 2017), https://www.youtube.com/watch?v=i8OgypRCEqY.

Center for Court Innovation, To Be Fair: Procedural Justice Book Launch (May 2, 2017), https://www.youtube.com/watch?v=A6bv8mMEJ1c

Kate Mather, L.A. Police Panel Pushes Fairness and Courtesy as Powerful Weapons to Improve Trust in the LAPD, Los Angeles Times, May 3, 2017, http://www.latimes.com/local/lanow/la-me-ln-lapd-commission-reform-20170502-story.html.

Robert Boehmer, Procedural Justice, Cultures of Trust and the Fine Art of Neuroscience, HillardHeintze, May 11, 2017, http://www.hillardheintze.com/law-enforcement-consulting/procedural-justice-cultures-trust-fine-art-neuroscience/.


Now in Print

These articles have been listed in past quarterly reports as forthcoming but have recently been published in print. This section also includes older articles that have just recently come to our attention.

Kimberly Hewes, Procedural Justice and Officer-Involved-Shootings, 1 Int'l J. Therapeutic Juris. 373 (2016), http://heinonline.org/HOL/LandingPage?handle=hein.journals/ijtherju1&div=17&id=&page=.

David B. Wexler, Guiding Court Conversation Along Pathways Conductive to Rehabilitation: Integrating Procedural Justice and Therapeutic Jurisprudence, 1 Int'l J. Therapeutic Juris. 367 (2016), http://heinonline.org/HOL/LandingPage?handle=hein.journals/ijtherju1&div=16&id=&page=.

Wu Xuanna, Procedural Justice and Trust in Authority: A Mechanism for Acceptance of Public Policy, 24 Advances Psycholo. Sci. 1147 (2016), http://journal.psych.ac.cn/xlkxjz/EN/Y2016/V24/I8/1147#1.

Katy Sindall, Daniel J. McCarthy & Ian Brunton-Smith, Young People and the Formation of Attitudes Towards the Police, 14 Euro. J. Criminology 344 (2017), http://euc.sagepub.com/content/early/2016/08/03/1477370816661739.abstract.

Hisashi Yamagata & Danielle Fox, Evaluating the Use of Videoconferencing Technology in Domestic Violence Ex Parte Hearings: Assessing Procedural Consistency, 38 Just. System J. 135 (2017), http://www.tandfonline.com/doi/abs/10.1080/0098261X.2016.1251363.

Ellen M. Leslie et al., Willingness to Cooperate with Police: A Population-Based Study of Australian Young Adult Illicit Stimulant Users, 17 Criminology & Crim. Just. 301 (2017), http://crj.sagepub.com/content/early/2016/09/28/1748895816671382.abstract.

Madeleine Novich & Geoffrey Hunt, "Get off Me": Perceptions of Disrespectful Police Behavior Among Ethnic Minority Youth Gang Members, 24 Drugs: Educ. Prevention & Pol'y 248 (2017), http://www.tandfonline.com/doi/abs/10.1080/09687637.2016.1239697.

Tammy Rinehart Kochel & David Weisburd, Assessing Community Consequences of Implementing Hot Spots Policing in Residential Areas: Findings from a Randomized Field Trial, 13 J. Experimental Criminology 143 (2017), https://link.springer.com/article/10.1007/s11292-017-9283-5.

Neil Wain, Barak Ariel & Justice Tankebe, The Collateral Consequences of GPS-LED Supervision in Hot Spots Policing, 18 Police Prac. & Res. 376 (2017), http://www.tandfonline.com/doi/abs/10.1080/15614263.2016.1277146.