Quarterly Research Report

New Developments in Procedural Fairness: Winter 2016 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

Peter Esaiasson et al., Reconsidering the Role of Procedures for Decision Acceptance, Brit. J. Pol. Sci. (published online December 2016), https://www.cambridge.org/core/journals/british-journal-of-political-science/article/div-classtitlereconsidering-the-role-of-procedures-for-decision-acceptancediv/A39F7FB7B150F7D229E936E421E1F4DC.

Procedural fairness theory posits that the way in which authoritative decisions are made strongly impacts people’s willingness to accept them. This article challenges this claim by contending that democratic governments can achieve little in terms of acceptance of policy decisions by the procedural means at their disposal. Instead, outcome favorability is the dominant determinant of decision acceptance. The article explicates that while central parts of procedural fairness theory are true, outcome favorability is still overwhelmingly the strongest determinant of individuals’ willingness to accept authoritative decisions. It improves on previous research by locating all key variables into one causal model and testing this model using appropriate data. Findings from a large number of experiments (both vignette and field) reproduce the expected relationships from previous research and support the additional predictions.

New Thinking and Interpretations

John W. Patty, Perceptions of the Legitimacy of Collective Decisions, in Emerging Trends in the Social & Behavioral Sciences: An Interdisciplinary, Searchable, and Linkable Resource (Robert A. Scott & Marlis C. Buchmann eds., 2016 update), http://onlinelibrary.wiley.com/doi/10.1002/9781118900772.etrds0401/abstract.

In practical terms, political legitimacy is a subjective phenomenon, based on individuals' perceptions. These perceptions are based on four factors: the distributive efficiency of the outcomes from the decision, the distributive fairness of those outcomes, the equal access of the process used to make the decision, and the accountability of that process. In addition to discussing those factors, I also address the related questions of what factors lead individuals to make legitimacy judgments and the types of situations in which these judgments are most important.


Compliance and Cooperation 

Courts and Dispute Resolution

John Jackson, The Role of Special Advocates: Advocacy, Due Process and the Adversarial Tradition, 20 Int'l J. Evidence & Proof 343 (2016), http://epj.sagepub.com/content/20/4/343.short.

The rise in secret courts or ‘closed material proceedings’ (CMPs) in recent years has called into question our commitment to long-cherished principles of open justice and due process. This debate has somewhat overshadowed the role of special advocates, who are appointed to represent the interests of parties excluded from such hearings. These advocates pose a challenge to the traditions of advocacy in the adversarial system but an international consensus across the common law world appears to be emerging that they may be justified on human rights grounds of fairness in that they bring a measure of procedural fairness to closed material proceedings. This paper examines this claim and considers the extent to which the rise of special advocates poses a threat to the adversarial tradition.

Cassandra A. Atkin-Plunk & Gaylene S. Armstrong, An Examination of the Impact of Drug Court Clients' Perceptions of Procedural Justice on Graduation Rates and Recidivism, 55 J. Offender Rehabilitation 525 (2016), http://www.tandfonline.com/doi/abs/10.1080/10509674.2016.1229712

Over the years, researchers have found drug courts reduce recidivism for participants. Scholars have hypothesized that drug courts are effective at producing positive outcomes for participants due in part to a case management approach that implements concepts of procedural justice. Using a convenience sample of participants involved in one drug court, this study adds to the limited body of research on procedural justice and drug courts by examining whether variation in drug court clients' perceptions of procedural justice is related to their likelihood of graduation from drug court and recidivism. Results, policy implications, and recommendations for future research are discussed.

Alexandra Brandner, Just Biased or Biased and Just? The Role of Procedural Justice in Biased Mediation (2016) (unpublished master's thesis, Uppsala University) http://www.diva-portal.org/smash/record.jsf?pid=diva2%3A935600&dswid=3660.

Research on biased mediation largely focuses on comparing biased and unbiased mediation in terms of effectiveness. The field clearly lacks explanations for the variation of success within the group of biased mediators. This study seeks to address this lacuna by posing the question: why are some biased mediators more successful than others? The explanatory variable proposed to account for the variation of success is the mediator’s procedurally just behavior in the mediation process. By considering both parties equally in the procedural design, biased mediators are able to develop trust with the disfavored side. Consequently, the rising level of cooperation and integrative bargaining makes a substantial agreement more likely. The structured, focused comparison of the U.S. mediation in the Stormont talks in Northern Ireland, that produced the Good Friday Agreement of 1998, and the U.S. mediation at the Camp David II summit in 2000, that failed to generate a settlement between Israel and the Palestinian National Authority, gives strong support to the hypothesis: a biased mediator who acts procedurally just during the negotiation process is more likely to accomplish a substantial agreement than a biased mediator who favors one side in the process.

Kevin Kwok-yin Cheng, Legitimacy in a Postcolonial Legal System: Public Perception of Procedural Justice and Moral Alignment Toward the Courts in Hong Kong, Law & Soc. Inquiry (published online November 2016), http://onlinelibrary.wiley.com/doi/10.1111/lsi.12253/full.

Legitimacy is said to be comprised of two underlying constructs: obligation to obey and moral alignment. However, legitimacy studies are mainly derived from contexts where the legal system has evolved naturally and is said to reflect the values of society. There is a paucity of research measuring public perceptions of legitimacy in postcolonial settings such as Hong Kong where the legal system was initially transplanted and many of its values may not reflect those of the local population. Procedural justice has been asserted to be a primary antecedent by which legal authorities improve their legitimacy and moral alignment. This study examines whether procedural justice is positively associated with legitimacy and moral alignment with the courts. Moreover, this study tests whether legitimacy is positively associated with cooperation with the courts. Using a random survey of the Hong Kong general population, both questions are answered in the affirmative. Implications are discussed.

Naomi Creutzfeldt & Ben Bradford, Dispute Resolution Outside the Courts: Procedural Justice and Decision Acceptance Among Users of Ombuds Services in the UK, 50 Law & Soc'y Rev. 985 (2016), https://www.researchgate.net/publication/310821751_Dispute_Resolution_Outside_of_Courts_Procedural_Justice_and_Decision_Acceptance_Among_Users_of_Ombuds_Services_in_the_UK.

Attitudes toward legal authorities based on theories of procedural justice have been explored extensively in the criminal and civil justice systems. This has provided considerable empirical evidence concerning the importance of trust and legitimacy in generating cooperation, compliance, and decision acceptance. However, not enough attention has been paid to attitudes towards institutions of informal dispute resolution. This paper asks whether the theory of procedural justice applies to the alternative dispute resolution context, focusing on ombuds services. What are the predictors of perceptions of procedural justice during the process of dealing with an ombuds, and what factors shape outcome acceptance? These questions are analyzed using a sample of recent ombuds users. The results indicate that outcome favorability is highly correlated with perceived procedural justice, and both predict decision acceptance.

Avram Bornstein et al., Tell It to the Judge: Procedural Justice and a Community Court in Brooklyn, 39 PoLAR 206 (2016), http://onlinelibrary.wiley.com/doi/10.1111/plar.12190/full.

Based on direct observation inside and outside the courts and on interviews with one hundred residents and two hundred previous offenders, this article examines the performance of procedural justice in a community court in the Red Hook neighborhood in Brooklyn, New York. Results show that the community court is widely praised compared to the downtown Brooklyn courts and in sharp contrast to police enforcement. The content of this praise suggests that the community court cultivates legitimacy by treating people respectfully and by helping to mitigate problems with powerful institutions such as the police and the New York City Housing Authority. In light of these results, this article considers intertwined debates about procedural justice and how these ideas articulate with legal anthropologists’ understanding of hegemony.

Hisashi Yamagata & Danielle Fox, Evaluating the Use of Videoconferencing Technology in Domestic Violence Ex Parte Hearings: Assessing Procedural Consistency, Just. System J. (published online November 2016), http://www.tandfonline.com/doi/abs/10.1080/0098261X.2016.1251363.

While the use of videoconferencing becomes commonplace in courtrooms, concerns remain about its impact on judges, parties, attorneys, and other participants as it relates to their interactions and communication in the courtroom and the outcome of judicial proceedings. Studies that examined the use of videoconferencing in criminal bail hearings and immigration hearings found less favorable outcomes for defendants and respondents. Unless it is demonstrated that the technology guarantees the equivalent procedural justice maintained in the existing process, adoption of such technology may not be a viable option even when it provides a gain in efficiency. Focusing on procedural consistency, one aspect of procedural justice, we compared the length of time incurred for the court to process a petition for a temporary protective order (TPO), both judicial and non-judicial processes, between when the hearing was held in person and when it was held via videoconference. Regardless of the approach, there was no discernible difference in the average length of time to complete the TPO hearing. The use of videoconferencing did not significantly impact how the court processes TPO petitions either. Potential benefits of using videoconferencing in domestic violence cases are also discussed.

Raymie H. Wayne & Brenda D. Smith, Threats to Perceptions of Fairness in the Termination of Parental Rights, 67 Juv. & Fam. Ct. J. 27 (published online December 2016), http://onlinelibrary.wiley.com/doi/10.1111/jfcj.12079/full.

Termination of parental rights (TPR) proceedings are among the most important family court activities. This study contributes to knowledge of the TPR process by illustrating practices employed in TPR proceedings and considering ways that certain practices can hinder perceptions of fairness. TPR court records from one state were analyzed using inductive coding procedures. The analysis identified nine categories of threats to perceptions of fairness in the TPR process. Findings have implications for procedural justice and the legitimacy of child welfare practice.

Lorana Bartels, Looking at Hawaii's Opportunity with Probation Enforcement (HOPE) Program Through a Therapeutic Jurisprudence Lens, 16 QUT L. Rev. 30 (2016), https://lr.law.qut.edu.au/article/view/678/597.

This article examines Hawaii’s Opportunity with Probation Enforcement (HOPE) program through the lens of therapeutic jurisprudence (TJ). The article presents an overview of TJ and solution-focused courts, followed by an overview of HOPE, including findings from four evaluations. It then provides a detailed description of recent observations of HOPE in practice, with particular focus on the warning hearing, sanctions for non-compliance, early termination for good behaviour, and the intersections between TJ, HOPE and procedural justice. The article concludes by arguing that there are a number of misunderstandings about HOPE and that it is best understood when viewed through a TJ lens.

 

Policing

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

While procedural justice has been highlighted as a key strategy for promoting cooperation with police, little is known about this model’s applicability to subgroups engaged in illegal behaviour, such as illicit drug users. This study compares willingness to cooperate with police and belief in police legitimacy, procedural justice and law legitimacy among a population-based sample of Australian young adult amphetamine-type stimulant (ATS; i.e. ecstasy and methamphetamine) users and non-users. We then examine predictors of willingness to cooperate among ATS users. ATS users were significantly less willing to cooperate with police and had significantly lower perceptions of police legitimacy, procedural justice and law legitimacy, compared to non-users. However, belief in police legitimacy independently predicted willingness to cooperate among ATS users. We set out to discuss the implications of these findings for policing, including the role of procedural justice in helping police deliver harm reduction strategies.

Rick Trinkner, Jonathan Jackson & Tom Tyler, Expanding 'Appropriate' Police Behavior Beyond Procedural Justice: Bounded Authority & the Legitimation of the Law (October 2, 2016) (unpublished manuscript), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2846659.

This paper draws upon recent work in the field of legal socialization (Trinkner & Tyler, in press; Tyler & Trinkner, in press) to expand previous conceptualizations of appropriate police behavior beyond procedural justice. The focus of the current study is on the role of bounded authority – i.e. respecting the limits of one’s power – and its association with perceptions of police legitimacy, legal legitimacy, and compliance. Using survey data from a nationally representative sample of US adults, we show that concerns over bounded authority, respectful treatment, and neutral decision-making combine to form a strong predictor of police and legal legitimacy. Additionally, legal legitimacy is associated with greater compliance behavior, even while controlling for personal morality and perceived likelihood of sanctions. Our conclusions address some future directions of research, particularly in the extension of procedural justice theory.

Alana Saulnier & Scott N. Thompson, Police UAV Use: Institutional Realities and Public Perceptions, 39 Policing 680 (2016), http://www.emeraldinsight.com/doi/abs/10.1108/PIJPSM-11-2015-0136.

Purpose: This research explores institutional realities and public perceptions of police use of UAVs [unmanned ariel vehicles] in Canada in relation to each other, drawing attention to areas of public misunderstanding and concern.

Findings: The data reveal disparities between institutional realities and public perceptions. Although federal, provincial and regional services currently use UAVs, awareness of police use of UAVs relative to traditionally piloted aircraft was low. Further, support for police use of UAVs was significantly lower than traditionally piloted craft; but, support also varied considerably across UAV applications, with the greatest opposition tied to tasks for which police do not report using UAVs and the greatest support tied to tasks for which police report using UAVs.

Originality/value: This research provides previously unknown descriptive data on the institutional realities of police use of UAVs in Canada, positioning that knowledge in relation to public perceptions of police use of the technology. The findings raise concerns over how UAVs may negatively shape police/civilian relations based on procedural justice literature which demonstrates that a lack of public support for the technology may affect the police more broadly.

Kristina Murphy & Lorraine Mazerolle, Policing Immigrants: Using a Randomized Control Trial of Procedural Justice Policing to Promote Trust and Cooperation, Austl. & N.Z. J. Criminology (published online October 2016), http://anj.sagepub.com/content/early/2016/10/13/0004865816673691.abstract.

Immigrants are often less trusting of police than non-immigrants because they can feel ill-served by police and the laws they enforce. Procedural justice policing has been regarded as central to improving public trust and confidence in police. Using survey data from citizens exposed to the world’s first randomized field trial of procedural justice policing (Queensland Community Engagement Trial), we found that trust in police, but not willingness to report crime to police, was higher among those exposed to the procedural justice condition compared to the control condition. Interestingly, the effect of procedural justice on trust and crime reporting was moderated by age and immigrant status; procedural justice had a more positive effect for immigrants, particularly those younger than 26 years of age.

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

While procedural justice has been highlighted as a key strategy for promoting cooperation with police, little is known about this model’s applicability to subgroups engaged in illegal behaviour, such as illicit drug users. This study compares willingness to cooperate with police and belief in police legitimacy, procedural justice and law legitimacy among a population-based sample of Australian young adult amphetamine-type stimulant (ATS; i.e. ecstasy and methamphetamine) users and non-users. We then examine predictors of willingness to cooperate among ATS users. ATS users were significantly less willing to cooperate with police and had significantly lower perceptions of police legitimacy, procedural justice and law legitimacy, compared to non-users. However, belief in police legitimacy independently predicted willingness to cooperate among ATS users. We set out to discuss the implications of these findings for policing, including the role of procedural justice in helping police deliver harm reduction strategies.

Daniel K. Pryce, The Relative Effects of Normative and Instrumental Models of Policing on Police Empowerment: Evidence from a Sample of Sub-Saharan African Immigrants, Crim. Just. Pol'y Rev. (published online October 2016), http://cjp.sagepub.com/content/early/2016/11/14/0887403416675019.

This study examines the relative impacts of normative and instrumental models of policing on willingness to empower the police in a sample of sub-Saharan African immigrants in the United States. Using data from a survey of 304 Ghanaian immigrants, obligation to obey, procedural justice, effectiveness, and gender predicted police empowerment; legitimacy of Ghana police and risk of sanctioning did not. The results also show that obligation to obey may be distinct from legitimacy. The findings from the current study point to the importance of the process-based model of policing in different geopolitical contexts, including the sub-Saharan African immigrant community in the United States. Specifically, obligation to obey and procedural justice play pivotal roles in engendering willingness to empower the police in the sub-Saharan African immigrant community. The implications of these findings are discussed.

Tufyal Choudhury, Campaigning on Campus: Student Islamic Societies and Counter-terrorism, Stud. Conflict & Terrorism (published online November 2016), http://www.tandfonline.com/doi/abs/10.1080/1057610X.2016.1253986.

Cooperation in counter-terrorism policing increases when communities can be confident that legislation and policy is not implemented in an arbitrary or discriminatory fashion: the ability to challenge executive overstretch, abuse or misapplication of powers is vital for maintaining procedural justice. Through examining the experiences of the Federation of Student Islamic Societies (FOSIS), one of the oldest British Muslim civil society organizations, it shows how key structural features of the counter-terrorism legal and policy framework - the wide definition of terrorism, the broad discretion in the use of stop and search powers at ports, and the expansion of Prevent into the opaque terrain of non-violent extremism - undermine cooperation.

Madeleine Novich & Geoffrey Hunt, "Get off Me": Perceptions of Disrespectful Police Behaviour Among Ethnic Minority Youth Gang Members, Drugs: Educ. Prevention & Pol'y (published online November 2016), http://www.tandfonline.com/doi/abs/10.1080/09687637.2016.1239697.

Recent media accounts have highlighted issues of use and abuse of police force and policing practices targeted at ethnic minorities within inner city areas. To date, little research has focussed specifically on the experiences and perceptions of youth gang members in dealing with police. Using data from 253 in-depth interviews with ethnic minority San Francisco-based youth gang members, we examine perceptions of respectful and disrespectful police behaviour. Premised on a procedural justice model, we explore how frequently disrespectful police behaviour is reported and how these negative experiences shape gang members’ attitudes towards the police more generally. We refine our investigation by comparing adverse encounters to examples in which gang members are treated respectfully. Using a data-driven inductive and qualitative theory testing deductive approach, our data revealed that male and female gang members regularly experience disrespectful police behaviour in terms of physical and verbal abuse. Our findings indicate that these exchanges contribute to negative attitudes, fear and distrust of police, while respectful interactions are meaningful and can contribute to positive attitudes towards officers.

Bed Bradford, Jenna Milani & Jonathan Jackson, Identity, Legitimacy and 'Making Sense' of Police Use of Force (unpublished manuscript), https://www.academia.edu/28937931/Legitimacy_social_identity_and_police_use_of_force.

This paper examines the extent to which police legitimacy and social identity explain variation in public acceptance of police use of force. We query (a) whether there is an association between legitimacy and public acceptance of apparently illegal or unethical police action and (b) the extent to which identification with a particular social group predicts judgments of police behaviour. The study draws upon cross-sectional data from a 2015 survey of a representative sample of adults in England & Wales. Structural equation modelling is used to model conditional correlations between latent constructs, and there are two main findings. First, identifying more strongly with a social group that the police plausibly represent to people was consistently associated with greater acceptance of police use of force, whether or not that force seemed to be justified. Second, beliefs about the legitimacy of the police were associated with acceptance, but primarily in relation only to the use of force in situations where it appeared prima facie justifiable. These results suggest one possible set of reasons why police retain public support in the face of scandals concerning excessive use of force.

Ben Bradford & Jonathan Jackson, Police Legitimacy Among Immigrants in Europe (December 2016) (unpublished manuscript), https://www.researchgate.net/publication/311470189_Police_legitimacy_among_immigrants_in_Europe.

In this paper data from the European Social Survey are used to explore the association between immigration and police legitimacy. Starting from the assumption that police legitimacy will vary between immigrant and non-immigrant populations, we consider three distinct sets of variable that might explain such variation: contact with the police, group position, and the change in frames of reference associated with the act of migration. Findings suggest, first, that variables from all three groups predict legitimacy, with police contact emerging as the most important. Second, conditional on these factors some groups of immigrants, particularly those who migrated as children, tend to grant the police less legitimacy than either other immigrants or the ‘native born’.

Justin T. Pickett & Stephanie Bontrager Ryon, Procedurally Just Cooperation: Explaining Support for Due Process Reforms in Policing, 48 J. Crim. Just. 9 (2017), http://www.sciencedirect.com/science/article/pii/S0047235216301258.

Purpose: We explore criminal justice workers' (CJW) support for due process reforms in policing. We build on and integrate four related literature's—scholarship analyzing 1) process-based regulation, 2) the generality of procedural justice, 3) the bilateral and dialogical nature of legitimacy, and 4) the tensions between the due process versus crime control models of criminal justice. We hypothesize that when citizens exercise procedural justice in their decisions about how to respond to legal authorities' inquiries and directives it enhances “rights legitimacy” and increases CJW's support for the due process model of criminal justice.

Methods: We analyze data from a nationwide sample (N = 579) of CJW. We examine whether CJW's perceptions that citizens are fair and respectful toward police are associated with their support for due process reforms.

Results: Procedurally just cooperation predicts support for due process reforms among police officers and other CJW, both before and after a highly publicized negative police-citizen encounter (the police killing of Michael Brown), and regardless of respondents' race, gender or career length.

Conclusions: The findings support the generality of the process-based model and the bilateral and dialogical nature of legitimacy

Elise Sargeant & Tammy Rinehart Kochel, Re-examining the Normative, Expressive, and Instrumental Models: How Do Feelings of Insecurity Condition the Willingness to Cooperate with Police in Different Contexts? Policing & Soc'y (published online November 2016), http://www.tandfonline.com/doi/abs/10.1080/10439463.2016.1261139.

Policing by consent has long been viewed as a fundamental feature of modern policing. Police need citizens to report crime and suspicious activity and to assist police with their enquiries. The procedural justice model is commonly employed to explain cooperation with police, yet few studies consider how social context informs cooperation. In this study we examine the role of contextual factors in developing a better understanding of the procedural justice model of cooperation with police. To do so we compare results in two contexts: St Louis County (US) and Brisbane (Australia). We find similarities and differences in the way contextual factors (including feelings of insecurity and social cohesion and trust) impact the willingness to assist police across our two research sites.

Sarah Macqueen & Ben Bradford, Where Did It All Go Wrong? Implementation Failure—and More—in a Field Experiment of Procedural Justice Policing, J. Experimental Criminology (published online December 2016), https://www.researchgate.net/publication/311691226_Where_did_it_all_go_wrong_Implementation_failure-and_more-in_a_field_experiment_of_procedural_justice_policing.

Objectives: This paper presents the findings from a retrospective qualitative process evaluation to the Scottish Community Engagement Trial (ScotCET). The study explores the unanticipated results of a randomized field trial testing the effect of ‘procedurally just’ modes of road policing on public perceptions of police. The ScotCET intervention failed to produce the hypothesized results, producing instead significant, and unexplained, negative effects on key aspects of public perception. The present study seeks to examine, from the perspectives of officers implementing the experiment, what the impacts (intended or otherwise) of participation were.

Results: Findings indicate that communication breakdowns during the ScotCET implementation led to misunderstandings of its aims and objectives, and of the requirements placed on officers. Within the context of organizational reform and perceived organizational ‘injustice’, commonly cited aspects of police culture were invoked to facilitate non-compliance with aspects of the experimental intervention, leading to implementation failures, and, possibly, a diffuse negative effect on the attitudes and behaviors of experiment officers. 

Conclusions: Organizational structures and processes, and coercive top-down direction, are insufficient to ensure successful implementation of policing research, and, by implication, policing reforms, particularly those that demand alternative ways of ‘doing’ policing and ‘seeing’ citizens. Greater investment in organizational justice and encouraging openness to evidence-led knowledge is needed to promote change. 

Shana M. Mell, The Role of Procedural Justice Within Police-Citizen Contacts in Explaining Citizen Behaviors and Other Outcomes (2016) (unpublished Ph.D. dissertation, Virginia Commonwealth University), http://scholarscompass.vcu.edu/etd/4603/?utm_source=scholarscompass.vcu.edu%2Fetd%2F4603&utm_medium=PDF&utm_campaign=PDFCoverPages.

This study examines procedural justice through systematic observations of police-citizen encounters recorded by body worn cameras in one mid-Atlantic police agency. The four elements of procedural justice (participation, neutrality, dignity and respect, and trustworthiness) are assessed to examine police behavior and its outcomes. The research questions concern how police acting in procedurally just ways may influence citizen behaviors.

Descriptive statistics indicate high levels of procedural justice. Regression analyses suggest that procedural justice may predict positive citizen behaviors within police-citizen encounters. This study highlights the significance of procedural justice as an antecedent to police legitimacy and offers a new mode of observation: body worn camera footage.

Trentham Furness et al., Perceptions of Procedural Justice and Coercion During Community-Based Mental Health Crisis: A Comparison Study Among Stand-Alone Police Response and Co-Responding Police and Metal Heath Clinician Response, Policing (published online December 2016), http://policing.oxfordjournals.org/content/early/2016/11/24/police.paw047.abstract.

The interaction of police officers with people experiencing community-based mental health crisis has involved the use of first responder police responses and/or co-responding approaches with mental health clinicians. Despite favorable outcomes, the consumer experience remains largely unknown. The aim of this study was to profile perceptions about the Northern Police and Clinician Response (NPACER) when the unit responded to mental health crisis compared with perceptions of a police only response. A total of 43 participants were recruited from an acute adult inpatient mental health unit and completed the Police Contact Experience Scale that quantifies perceptions of procedural justice and coercion. The major finding was that the NPACER model enabled greater perceptions of procedural justice and comparable perceptions of coercion. Although the NPACER facilitated clinical advantages, the nature of involuntary hospitalization may explain similar perceptions of coercion among the NPACER and a police officer only response.

New Thinking and Interpretations

Sunita Patel, Democratic Police Reform and Public Law Injunctions (November 15, 2016) (unpublished manuscript), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2877762.

Scholars have overlooked systemic reform injunctions as potent tools to challenge and combat discriminatory and unconstitutional police practices. Recent events and an infusion of funding from major philanthropy and private sources promise an increase in injunctive suits challenging department-wide unconstitutional and discriminatory police practices. I propose formalized community involvement in the creation, implementation and evaluation of injunctive remedial processes to improve solution generation and popularize policing public law litigation. The dominant policing theories offering community involvement — community policing and procedural justice — have limited utility at addressing long-term tensions between the police and Black or Brown neighborhoods. My proposed remedy, as part of a larger injunction, aims to shift power from the police to the policed and draws from democratic theory.

Eric J. Miller, Encountering Resistance: Contesting Policing and Procedural Justice (Loyola Law School, Los Angeles Legal Studies Research Paper No. 20016-41, 2016), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2883799.

Resisting authority is a really important way in which we assert our dignity and our political power as members of a democracy. In fact, resisting police authority is built into some of our most important Constitutional doctrines. The right to walk away, the right not to speak, and the right not to consent are core features of our legal and democratic processes.

. . . .

Procedural justice treats civilian participation through voicing consent or concerns as the mark of legitimate policing. But at the level of constitutional justice, persuading people to speak — to give voice — is often precisely the way police officers undermine their right to walk away or refuse consent or to avoid self-incrimination. Consider Brewer v. Williams: When Williams responded to Officer Leaming’s Christian Burial Speech by identifying the spot where he had buried Pamela Powers, his participation in a mutually respectful process of policing — giving voice — was precisely what led to his conviction. The same goes for a host of other cases in which the police encourage people to speak, from Seibert v. Missouri’s two-step interrogation process to Florida v. Drayton’s consent-based bus sweeps.

If the police only prize compliant or respectful voices that do not challenge the legal or political basis of their authority or contest their right to stop civilian, then it is hard to see this sort of policing as democratically legitimate. It is the disobedient and adversarial voices that we sometimes need to remind the police of our rights and their limited powers.

René Levy, French Policing in the Light of Procedural Justice Theory, 40 Déviance et Société 139 (2016), http://www.cairn-int.info/resume.php?ID_ARTICLE=E_DS_402_0139.

This article synthesizes the results from a number of recent French and international research studies dealing with relations between the police and public in France, based on procedural justice theory. Public opinion surveys converge to show that it is young people and the members of ethnic minorities who have the most negative image of the police and show the least confidence in them. The article examines this negative image from surveys which concern the actual relations of these groups with the police, marked by reciprocal hostility and discrimination by the police, and then proposes an explanation based on the history of French policing, endeavoring to identify what is specific about the French police ‘style’ in relation to public security. 

Adam J. Snow, Understanding the Experience, Meaning and Messages of On the Spot Penalties (2015) (unpublished Ph.D. dissertation, Keele University), http://eprints.keele.ac.uk/2453/.

This thesis is a qualitative examination of the meanings, messages and experiences of those using and receiving on the spot penalties across a range of contexts in which such penalties arise. It explores the policy framework in which communications and expectations about “effective” criminal justice clash with everyday experiences of citizens receiving on the spot penalties. The thesis examines how these penalties have been allowed to increase so dramatically that they are now the main means through which justice is experienced when a citizen engages in problematic / deviant behavior.

This growth in reliance on the on the spot penalty arises from the need to provide an “effective” justice system, one that provides an effective deterrent and takes a zero tolerance approach to offending, but, at the same time, seeks a proportional response to that offending. This thesis argues that this proportionality is not experienced by citizens who receive these notices, who argue that the penalty notice interaction lacks an essential element of procedural justice, the ability to engage in a ‘rational and reciprocal’ (Duff, 2001:79) communication. Inadequate opportunities for citizens to “voice” their concerns within the system leads to claims that enforcement agencies lack “common-sense”, are illegitimate and untrustworthy.

This thesis argues that citizens then lose respect for enforcement agencies, and the laws they enforce through the on the spot penalty. Such citizens find that being motivated to comply with the law is not a good indicator of actually complying with it. When punished whilst holding a positive motivation about the law, citizens can become deeply frustrated and angry about the treatment they receive.

This thesis concludes that policymakers need to decide whether a ‘simple, speedy and summary’ (DCA, 2006) on the spot penalty can be achieved without significant damage to the legitimacy of the justice system.

 Prisons and Inmates

Technological linkages between justice and law enforcement agencies are radically altering criminal process and access to justice for prisoners. Audio visual links, integral to an increasingly networked justice system, enable the custodial appearance of prisoners in remote courts. For many criminal proceedings, the state of New South Wales (NSW) in Australia has reversed the traditional presumption of a prisoner’s physical presence in court, to a presumption in favor of appearance by audio visual link (AVL). AVL is thus becoming the hegemonic form of court appearance for prisoners. In this thesis, I argue that the incorporation of such technologies into prisons is not without consequence: technologies make a critical difference to prisoners’ experiences of criminal justice. My thesis examines: how does custodial appearance by AVL from prison impact prisoners’ legal experiences? To answer this, I engage with the population most affected by AVL – the prisoners themselves – and focus on the prison endpoint of the video link. The nucleus of my study is empirical fieldwork undertaken with thirty-one prisoners regarding their experiences of custodial appearance. Drawing upon these accounts, and through a Foucauldian/phenomenological framework, I interrogate the legal and conceptual shifts brought about by AVL’s displacement of physical appearance. Prisoners identified benefits of AVL particularly in avoiding prison trucks and strip-searches. Nevertheless, many prisoners still expressed a desire to present themselves to court in-person as a human rather than as a generic prisoner on a screen. The central argument of this thesis is that custodial appearance has created a heightened zone of demarcation between prisoners and courtroom participants. This demarcation is explored through the transformed spatial, corporeal and visual relationships. The cumulative demarcations challenge procedural fairness and profoundly recompose prisoners’ legal experiences. 

 

Business and Management

Rebecca Martin, Multiple Supervisors in Audit: Fairness and the Many-to-One Performance Appraisal Environment, 20 Acad. Acct. & Fin. Stud. J. 1 (2016), http://search.proquest.com/openview/90afbf0e4c66bb44bb41d06778fb79a2/1?pq-origsite=gscholar&cbl=29414.

Auditing presents a unique environment in which associate auditors (lower-level auditors) are often managed by multiple supervisors. Prior research indicates that increased fairness can improve organizational outcomes such as job satisfaction and performance, but this has yet to be investigated in a setting with multiple supervisors. The present study examines the role of internal locus of control and consistent standards on perceptions of procedural justice, predicting organizational commitment and perceived learning in a multiple-supervisor environment. Using a student sample, we find support for this model and present implications of our findings.

Päivi Jokela, Aino Halinen & Noémi Piricz, Competitive Bidding and Contracts—The Impact of Perceived Fairness on Relationship Continuity Among Finnish and Hungarian Metal and Machinery Industry Actors (2016) (unpublished working paper), https://www.researchgate.net/profile/Noemi_Piricz/publication/309324144_Competitive_bidding_and_contracts_-The_impact_of_perceived_fairness_on_relationship_continuity_among_Finnish_and_Hungarian_metal_and_machinery_industry_actors/links/580a0e3e08ae3a04d62500c4.pdf.

In this study we examine how suppliers and customers perceive fairness in competitive bidding and contract drafting process, as well as assess their effects on relationship continuity in the chosen context of the Finnish and Hungarian metal, machinery, and automotive industry. The study draws on the IMP view on relationships and relationship marketing as well as grounding the fairness concept in the equity theory. The study methodology is qualitative and both customer and supplier views are examined. The key findings of the study indicate that the relationship parties’ perceptions of fairness differ concerning the processes that are examined, and suppliers tend to seek for more distributive and procedural fairness. In competitive bidding, the emphasis on low price leads lacking distributive fairness. Conducting a dialogue on the value offered by the supplier contributes to its perceptions of procedural fairness. Competitive bidding that takes place at high frequency interrupts the relationship continuity. However, for the customers, the recurring rounds of bidding are vital to ensure their competitiveness, whereas suppliers see that it obstructs their future-oriented development and the scope of cooperation. In contracts, product guarantees and payment terms in contracts prompt perceptions of distributive fairness. Procedural fairness, which is manifested through the possibilities of the suppliers to influence the contractual terms are often limited but not completely missing. Although the relationships are seldom a clear continuum, the breaks in cooperation may be temporary and even the varying level of fairness does not stop companies from participating in new rounds of bidding. However, even when relationships parties have previous history, benefits associated with long-term relationships are not always realized.

Chenwei Liao et al., Idiosyncratic Deals and Individual Effectiveness: The Moderating Role of Leader-Member Exchange Differentiation, Leadership Q. (published online November 2016), http://www.sciencedirect.com/science/article/pii/S1048984316301527.

Extending prior research on idiosyncratic deals (i-deals), in the current study we examine the functioning of i-deals in the context of leader-member exchange (LMX) differentiation. To that end, we integrate justice, social exchange, and social comparison theories and hypothesize that employee perceptions of their managers' procedural fairness and LMX quality partially mediate (in sequence) the positive relationship between i-deals and individual effectiveness, including job satisfaction, in-role performance, and helping behavior. Furthermore, we propose that LMX differentiation moderates this mediated relationship, such that the mediation effect becomes stronger when LMX differentiation within the group is greater. Data from a U.S. sample of 961 employees and their managers in 71 restaurants supported our hypothesized model. Results shed light on managerial practices regarding how to gain positive effects from i-deals by considering the influence of LMX differentiation.

Manuela Richter et al., "Just a Little Respect": Effects of a Layoff Agent's Actions on Employees' Reactions to a Dismissal Notification Meeting, J. Bus. Ethics (published online November 2016), http://link.springer.com/article/10.1007/s10551-016-3372-7.

A layoff is a threatening yet common event which employees might face at some point in their working lives. In two scenario-based experiments (total N = 344), we investigated which actions of a layoff agent (i.e., who delivers the layoff notice) during a dismissal notification meeting may contribute to laid-off employees’ fairness judgments and negative attitudes toward the employer. In general, the extent to which layoff victims were treated with respect was consistently found to increase perceptions of interpersonal and procedural fairness and to mitigate negative attitudes toward the employer. Further results showed that layoff victims preferred to be given an adequate (vs. inadequate) explanation of the reasons for the layoff and to receive notice from the direct supervisor (vs. an external consultant). Relationships between the layoff agent’s actions and layoff victims’ negative attitudes toward the employer were mediated by perceptions of procedural fairness. In addition, delegating the layoff agent’s task to an external consultant increased perceived psychological contract breach. Our findings have important implications for organizational justice research and for the managerial practice of implementing fair layoffs. In particular, small actions, such as treating employees with respect, might be of benefit both to humans and organizations.

Judith Kampa, Thomas Rigotti & Kathleen Otto, Mechanisms Linking Authentic Leadership to Emotional Exhaustion: The Role of Procedural Justice and Emotional Demands in a Moderated Mediation Approach, Industrial Health (published online November 2016), https://www.jstage.jst.go.jp/article/indhealth/advpub/0/advpub_2016-0046/_article.

In order to gain more knowledge on how the positive leadership concept of authentic leadership impacts follower strain, this study tries to uncover procedural justice as an underlying mechanism. In contrast to previous work, we exclusively base our theoretical model on justice theories. Specifically, we hypothesize that authentic leadership negatively predicts emotional exhaustion through perceptions of procedural justice. We assume that this indirect effect is conditional on followers' amount of emotional demands, and that the procedural justice-emotional exhaustion relationship is stronger when emotional demands are high. This finally results in a stronger exhaustion-reducing effect of authentic leadership. The proposed moderated mediation model was tested in a sample of N=628 employees nested in 168 teams using lagged data from three waves. Results provide support for all hypotheses. Authentic leadership is critical to employees' well-being as it contributes to an elevated perception of positive work conditions (procedural justice), especially in contexts with high emotional demands. Limitations and practical implications on leadership development are discussed.

Edmund Malesky & Markus Taussig, The Danger of Not Listening: How Broad-based Business Participation in Government Design of Regulations Can Increase Compliance and Benefit Society (February 2016) (unpublished manuscript) https://www.semanticscholar.org/paper/The-Danger-of-Not-Listening-How-Broad-based-Malesky-Taussig/dfba14790d7113b1dc544c364f9f293175fe9381.

Firms in emerging economies exhibit dangerously low compliance with government regulations aimed at protecting society from the negative externalities of their operations. Weak government enforcement contributes to this lack of compliance, but we argue that the limited legitimacy of government and its regulations also plays a critical role, especially among firms without insider access to key policy makers. We ground our theory development in the procedural justice and deliberative democracy literature to show how a positive effect on regulatory compliance of participation by a firm in the regulatory design process is mediated by the firm’s view of government legitimacy. Importantly, government itself also plays a pivotal role in this process, as the effect of firm participation on compliance can actually become negative if firms see government as unresponsive to their input. We find empirical support for our theory in analysis of a large-scale survey of firms in the rapidly changing emerging economy of Vietnam.

New Thinking and Interpretations 

D. Ramona Bobocel & Frank Mu, Organizational Justice and Employee Commitment: A Review of Contemporary Research, in Handbook of Employee Commitment 346 (John P. Meyer ed., 2016)

This book chapter reviews the literature produced between 1980 and 2015 (particularly since 2000) on the relationship between people's perceptions of fairness and their attitudes and behaviors at work.


Miscellaneous

Mohammad Rafique Moosa et al., Use of the 'Accountability for Reasonableness' Approach to Improve Fairness in Accessing Dialysis in a Middle-Income Country, PLOS One (published online October 2016), http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0164201.

Universal access to renal replacement therapy is beyond the economic capability of most low and middle-income countries due to large patient numbers and the high recurrent cost of treating end stage kidney disease. In countries where limited access is available, no systems exist that allow for optimal use of the scarce dialysis facilities. We previously reported that using national guidelines to select patients for renal replacement therapy resulted in biased allocation. We reengineered selection guidelines using the ‘Accountability for Reasonableness’ (procedural fairness) framework in collaboration with relevant stakeholders, applying these in a novel way to categorize and prioritize patients in a unique hierarchical fashion. . . . This is a descriptive study of 1101 end stage kidney failure patients presenting to a tertiary renal unit in a middle-income country, evaluated for dialysis treatment over a seven-year period. . . . Compared with our previous selection process our current method of priority setting based on procedural fairness arguably resulted in more equitable allocation of treatment but, more importantly, it is a model that is morally, legally and ethically more defensible.

Lynn Wagner & Daniel Druckman, Drivers of Durable Peace: The Role of Justice in Negotiating Civil War Termination, Group Decision & Negotiation (published online October 2016), http://link.springer.com/article/10.1007/s10726-016-9511-9..

Attaining durable peace after a civil war has become a major challenge, as many negotiated settlements relapse into violence. How can civil war negotiations be conducted and peace agreements formulated so as to contribute to lasting, durable peace? Previous research has focused on the durability of peace agreements, measured as the absence of violence. This study develops an index to measure durable peace for a period of 8 years after the agreement had been reached, and evaluates the new measure using an existing data set. We ask whether impacts on durable peace are similar or different to those found for the durability of agreements. This question suggests a number of hypotheses that are evaluated with 16 cases of peace agreements. Stable agreements are shown to mediate the relationship between equality provisions in peace agreements and durable peace, and to also mediate the relationship between procedural justice and the reconciliation component of durable peace. Interestingly, economic stability is not a dividend of peace agreements.

Susan A. Schroeder & David C. Fulton, Voice, Perceived Fairness, Agency Trust, and Acceptance of Management Decisions Among Minnesota Anglers, Soc'y & Nat. Resources (published online October 2016), http://www.tandfonline.com/doi/abs/10.1080/08941920.2016.1238987.

Although researchers agree that public participation in natural resource decision making is critical to institutional acceptance by stakeholders and the general public, the processes to gain public perceptions of fairness, agency trust, and acceptance of management decisions are not clear. Using results from a mail survey of Minnesota resident anglers, we used structural equation modeling to examine how instrumental versus symbolic motives related to anglers’ perceptions of agency fairness, trustworthiness, and ultimately acceptance of fisheries management decisions. We applied laboratory research on relationships among procedural fairness, trust, and management acceptance, and then tested models incorporating anglers’ perceptions of voice for anglers and nonanglers in management decisions. Results suggested that trust fully mediated the relationship between procedural fairness and management acceptance. Angler perceptions of angler and nonangler voice both related to views of procedural fairness, but angler voice was more strongly related and was also significantly related to acceptance of management decisions.

Yoon C. Cho & Kim Bokyeong, Investigating the Impact of Justice Dimension and Perceived Value on Customer Satisfaction for Sharing Economy of Accommodation, 14 J. Bus. & Econ. Res. 153 (2016), http://search.proquest.com/docview/1829505772/abstract/B725862848A64E91PQ/1?accountid=14033.

The sharing economy is in the embryonic stage of its development, and empirical research has rarely studied issues in the sharing economy. This study examines the impacts of justice dimensions and perceived values on intention, satisfaction, and loyalty in the context of the sharing economy. The purpose of the study is to examine the impact of procedural, interactional, and distributive justice dimensions of customers as well as perceived values of price, trust, and experiences on intention, satisfaction and loyalty for the sharing economy of accommodation. This study investigated the following research questions: i) how does the awareness of sharing economy affect the justice dimension that includes procedural justice, distributive justice, and interactional justice?; ii) how does the awareness of sharing economy affect perceived values including price, reliability, and experience?; iii) how do justice dimensions and perceived values affect potential customer intention?; iv) how do justice dimensions and perceived values affect customer satisfaction?; and v) how does customer satisfaction affect customer loyalty? This study collects data through an online survey and applies quantitative methods such as factor, regression, and ANOVA. The results find that both justice dimensions and perceived values play an essential role in improving satisfaction and loyalty. This study provides both theoretical and managerial implications for future analysis of the relationship between justice dimensions, perceived values, satisfaction, and loyalty in the environment of sharing economy of accommodation.

Neil Simcock, Procedural Justice and the Implementation of Community Wind Energy Projects: A Case Study from South Yorkshire, UK, 59 Land Use Pol'y 467 (2016), http://www.sciencedirect.com/science/article/pii/S0264837716300618.

In policy and activist discourses there is often an expectation that community wind energy projects will avoid the conflicts and local opposition often associated with private-developer-led developments. However, the empirical validity of this assertion has not been widely investigated. In previous research on private-developer wind projects, the fairness of decision-making processes (‘procedural justice’) during project implementation has been identified as an important factor in shaping local acceptance, but has not been deeply studied in relation to community-led schemes. Using in-depth qualitative research of a proposed community wind project in South Yorkshire, this paper examines stakeholder interpretations of procedural justice during the design and siting of this scheme. Although the project leaders explicitly aimed for a fair and ‘democratic’ implementation process, considerable conflict emerged over whether this goal was achieved. The analysis shows that these conflicting views were the result, firstly, of different normative expectations of what ‘procedural justice’ actually meant and involved, and, secondly, of contrasting stakeholder experiences of the decision processes that were utilized. It cannot be assumed that community wind projects will always be considered procedurally just at the local level, with much resting on the details of how they are undertaken.

Julia Rose LaBianca, Is Torture Ever Justified? The Influence of Group Membership, Interrogation Approach, and Success on Attributions of Interrogator Behavior and Perceived Acceptability of Torture (2016) (unpublished Ph.D. dissertation, University of Texas at El Paso), http://gradworks.umi.com/10/15/10151123.html.

The purpose of these three experiments was to determine what factors affect Americans’ attitudes toward torture and the interrogators who engage in torture. Using theories of intergroup bias, fundamental attribution error, and cognitive dissonance, the three experiments investigated how people make behavioral attributions for an interrogator, as well as how people perceive the acceptability, ethicalness, effectiveness, and procedural justice of the technique used. Four variables were manipulated: group membership of the interrogator and detainee, outcome of the interrogation, and type of interrogation tactic used. It was expected that people would make attributional and attitudinal judgments in a manner that preserved the integrity of their in-group. Specific hypotheses are discussed prior to each experiment.

Londeka Mahlanza, Gina Zierbogel & Dianne Scott, Water, Rights and Poverty: An Environmental Justice Approach to Analysing Water Management Devices in Cape Town, 27 Urban Forum 363 (2016), http://link.springer.com/article/10.1007/s12132-016-9296-6.

Fair processes and just outcomes are recognized globally as an important part of climate change adaptation and water resource management in particular. Achieving this is challenging, particularly in a developing country context where there is a myriad of pressing needs and conflicting ideas of what is needed across scales. This study takes a qualitative approach to exploring issues of justice and fairness in implementing water management technologies in low-income households. Water management devices (WMDs) are employed as part of the City of Cape Town’s water conservation and water demand management strategy. Through applying an environmental justice approach, this study shows that the WMDs have impacted on justice at the local level. The justice implications relate to the following: limited participation by households and a lack of procedural justice, distributional impacts and rights infringement, and the failure of the policy to fully recognize the diverse needs and vulnerabilities experienced by households. The perspectives of City officials and representatives of households with WMDs installed reveal that there is a mismatch between the City’s stated benefits of WMDs and the growing dissatisfaction of households with their devices. This dissatisfaction stems, in particular, from the inability of households to fulfill their needs with a limited water allocation, and personal convictions that water access is and should remain their unrestricted right. This research suggests that for water resource management and adaptation measures to be effective at the local and city scale, policies will require the inclusion of local communities’ understandings and experiences in order to uphold principles of social justice.

New Thinking and Interpretations

Michal Saliternik, Perpetuating Democratic Peace: Procedural Justice in Peace Negotiations, 27 Eur. J. Int'l L. 617 (2016), http://ejil.oxfordjournals.org/content/27/3/617.short.

Peace agreements often harm disempowered groups such as women, ethnic minorities and the poor, who bear the main burden of compromise. This article argues that international law can and should promote a more equitable allocation of the burden of peace by applying the procedural justice requirements of participation, transparency and reason giving to peace negotiations. Drawing on insights from negotiation literature, public choice analysis, deliberative democracy theory and social psychology, the article explains that such procedural regulation can enhance the democratic quality of peace agreements and, at the same time, also improve peace prospects. It also notes, however, that procedural justice may entail serious costs, including delays and the loss of manoeuvring space for negotiators. The article argues that a careful design of procedural justice methods and mechanisms can significantly reduce these costs, and it makes some concrete proposals to that effect. Finally, the article examines existing international instruments that may introduce procedural justice principles into peace negotiations and assesses their potential and limitations. All in all, this article shows that despite, and also because of, its exceptional nature, peace making should not be left to the exclusive discretion of unaccountable negotiators. 


In the News/On the Web

Using Procedural Justice to Improve Community Relations (interview with Michael Davis), National Institute of Justice, http://www.nij.gov/multimedia/Pages/video-davis-procedural-justice-transcript.aspx.

Jill Suttie, Can Empathy Improve Policing?, Huffington Post, Oct. 31, 2016, http://www.huffingtonpost.com/greater-good-science-center/can-empathy-improve-polic_b_12735234.html.


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.

Elsa Saarikkomäki, Perceptions of Procedural Justice Among Young People: Narratives of Fair Treatment in Young People's Stories of Police and Security Guard Interventions, 56 Brit. J. Criminology 1253 (2016), http://bjc.oxfordjournals.org/content/56/6/1253.

Suzette Caleo, Are Organizational Justice Rules Gendered? Reactions to Men's and Women's Justice Violations, 101 J. Applied Psychol. 1422 (2016), http://www.ncbi.nlm.nih.gov/pubmed/27504655.