Quarterly Research Report

New Developments in Procedural Fairness: Spring 2018 Quarterly Report

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


General Research

New Thinking and Interpretations

Tom R. Tyler & Rick Trinkner, Why Children Follow Rules: Legal Socialization and the Development of Legitimacy (2017), http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780190644147.001.0001/acprof-9780190644147.

Legal socialization is the process by which children and adolescents acquire their law-related values. Such values, in particular legitimacy, underlie the ability and willingness to consent to laws and defer to legal authorities and make legitimacy-based legal systems possible. In their absence people relate to the law as coercion and respond to rewards and punishments. By age eighteen a person’s orientation toward law is largely established, yet recent legal scholarship has largely ignored this early period in favor of studying adults and their relationship to the law. This volume focuses upon socialization and outlines what is known about legal socialization in the family, in schools, and through contacts with the juvenile justice system. Our review of the literature indicates that there are ways to socialize that build legitimacy. These are linked to three issues: how decisions are made, how people are treated, and whether authorities respect the boundaries of their authority. Despite evidence that legitimacy can be socialized, views about the best way to exercise authority are highly contested in America today in families, schools, and within the juvenile justice system. In each case pressures toward coercion are strong. This volume argues for the virtues of a consent-based approach and for utilizing socialization practices that promote such a model.

Maria José Bernuz Beneitez & Els Dumortier, Why Children Obey the Law: Rethinking Juvenile Justice and Children’s Rights in Europe Through Procedural Justice, Youth Just. (published online January 2018), http://journals.sagepub.com/doi/abs/10.1177/1473225417741225.

This article explores how the idea of procedural justice can help us to rethink juvenile justice and research children’s rights in Europe differently. To frame the following argument, we will question four implications of the procedural justice perspective: 1) the need to implement rights and not just proclaim them, 2) the need to investigate a ‘double perspective’ on children’s rights implying both juvenile justice professionals and children in conflict with the law, 3) the child’s right to effectively participate and be involved in the process and 4) the idea that age matters in the judicial reaction to crime. The resulting conclusions and discussions revolve around the scientific consequences and challenges we must face when we take procedural justice perspective seriously.

Kyle W. Letteney, Defiance Theory, in The Encyclopedia of Juvenile Delinquency and Justice (Christopher J. Schreck et al. eds., 2017), https://onlinelibrary.wiley.com/doi/pdf/10.1002/9781118524275.ejdj0127.

Lawrence Sherman's defiance theory has provided a foundation with which to understand better the conditions under which punishment increases crime. Defiance theory suggests that fairness and legitimacy of experienced punishment are essential for the acknowledgement of shame, which conditions deterrence. When punishment is perceived as unjust by the offender, it can lead to unacknowledged shame and defiant pride that increase the chance of engaging in future crime. This remains especially true for young offenders who continue to be processed through the conventional juvenile justice system. Since defiance theory's emergence, a lot can be said concerning its contribution to the understanding of procedural legitimacy and youth justice. This entry outlines the basic tenants of defiance theory and how it has been used to explain procedural legitimacy in a juvenile justice setting.

Compliance and Cooperation 

Courts and Dispute Resolution

Hilke A. M. Grootelaar & Kees van den Bos, How Litigants in Dutch Courtrooms Come to Trust Judges: The Role of Perceived Procedural Justice, Outcome Favorability, and Other Sociolegal Moderators, Law & Soc’y Rev. (published online January 2018), https://onlinelibrary.wiley.com/doi/abs/10.1111/lasr.12315.

This paper examines the hypothesis that litigants' perceived procedural justice is positively associated with their trust in judges. We argue that although this association might seem quite robust, it can vary across contexts. In particular, we suggest that the nature and magnitude of the association between procedural justice and trust in judges depends on outcome concerns, and other sociolegal moderators such as outcome importance and prior court experience. We tested our predictions in three different types of law cases among 483 litigants at court hearings of the district court of the Mid‐Netherlands. As predicted, our results indicate that perceived procedural justice was positively associated with trust in judges when outcomes were relatively favorable, and that this association was even stronger when outcomes were relatively unfavorable. The courtroom context studied here enabled us to explore how other sociolegal variables moderated these relationships.

David S. Festinger, Karen L. Dugosh & John M. Della Porta, Examining the Use of Visual Performance Feedback in Drug Treatment Court, 26 Experimental & Clinical Psychopharmacology 85 (2018), http://psycnet.apa.org/record/2018-03782-007.

A key component of drug courts is regular status hearings in which the judge reviews client progress and imposes sanctions or rewards for infractions or achievements; however, little is known about whether drug court clients fully understand the reasons for judicial responses and make clear connections between their behavior and judicially imposed consequences. Thus, we hypothesized that providing graphic performance feedback would improve clients’ perceptions of procedural justice and increase the likelihood of success. This study examines the feasibility, acceptability, and preliminary efficacy of a visual performance feedback (VPF) procedure designed to improve judge–client communication during status hearings. Seventy-five adult misdemeanor drug court participants were randomized to a VPF (n = 37) or status hearings as usual (n = 38) condition. In the VPF condition, the judge projected and described two graphs for each client (i.e., abstinence rates, treatment attendance for the past two months). Outcomes included feasibility, client and stakeholder acceptability, urinalysis-confirmed abstinence, treatment attendance, perceptions of procedural justice, and duration of client–judge interactions. Findings revealed a high level of judge adherence to the VPF (feasibility), client and stakeholder acceptability of the VPF procedure, and significantly longer client–judge interactions in the VPF condition. No significant differences were observed for client-level efficacy outcomes. Overall, this study demonstrated that providing VPF to drug court clients during judicial status hearings is feasible and acceptable. Future fully powered trials of the VPF procedure are needed to further examine its efficacy in improving outcomes for drug court clients.

Lilly Yu et al., Urban Institute, Alternative Forms of Justice for Human Trafficking Survivors Considering Procedural, Restorative, and Transitional Justice, March 2018, https://www.urban.org/sites/default/files/publication/97341/alternative_forms_of_justice_for_human_trafficking_survivors.pdf.

Alternative forms of justice show promise for human trafficking survivors, who often do not find resolution (such as conviction and incarceration for their traffickers) through the traditional criminal justice system. The Bending Towards Justice: Perceptions of Justice among Human Trafficking Survivors study is the first to ask survivors of human trafficking whether nonpunitive forms of justice would complement or compensate existing remedies. Drawing from qualitative interviews with 80 survivors of sex and labor trafficking, this brief documents survivors’ experiences with and perceptions of alternative practices, including procedural, restorative, and transitional justice. While all survivors have extensive experience with procedural justice practices, only some survivors have experienced restorative and transitional justice practices. Those who had not experienced restorative and transitional justice found them desirable and promising. Service provider and criminal justice stakeholders may help survivors achieve justice for their victimization experiences by incorporating these alternative forms of justice in their practices.

Lisa Blomgren Amsler, Alexander B. Avtgis & M. Scott Jackman, Dispute System Design and Bias in Dispute Resolution, 70 S.M.U. L. Rev. 913 (2017), http://heinonline.org/HOL/LandingPage?handle=hein.journals/smulr70&div=40&id=&page=.

This article examines the role of mediator race and gender in perceptions of procedural justice as measure of accountability and representative bureaucracy in a national mediation program for complaints of employment discrimination at a large federal organization, the United States Postal Service. Mediation represents a forum of accountability in which employees may hold an employer accountable for violating federal law providing forms of employment discrimination, in this case, race discrimination, sex discrimination, and sexual harassment. Representative bureaucracy theory suggests passive or symbolic representation when the demographics of public officials should mirror those of the public they serve. Some research suggests active representative when race or gender of a public official match those of a member of the public. During the period 1997-99, mediation exit surveys collected information about the nature of an employee’s claim. Using the nature of the claim as a proxy variable for a claimant’s race or gender, researchers examine complainants’ perceptions of mediation when the nature of the claim matches the demographics (race or gender) of the mediator. In this exploratory research, analyses show no statistically significant difference in satisfaction with the fairness of mediation process or mediator based on race of the mediator in race discrimination claims. However, there is statistically significantly lower satisfaction with mediation outcome based on mediator race as African American when it matches the nature of the claim of race discrimination. In all analyses of sex discrimination and sexual harassment claims, there are no statistically significant differences in satisfaction with the mediation process . . . .”

Rok Hacin, Chuck Fields & Gorazd Meško, The Self-Legitimacy of Prison Staff in Slovenia, Eur. J. Criminology (published online March 2018), http://journals.sagepub.com/doi/abs/10.1177/1477370818764831.

This paper focuses on the self-legitimacy of prison staff in Slovenia. The primary aim of this study is to identify possible differences between those factors that influence the self-legitimacy of prison officers in different periods, which would confirm the applicability of some of the theoretical assumptions on the unstable nature of self-legitimacy. Possible differences between groups of prison workers will be explored. The results show that perceptions of supervisors’ procedural justice, relations with colleagues, audience legitimacy and age are the best predictors of self-legitimacy. These findings highlight the unstable nature of self-legitimacy and, moreover, the perceptions of self-legitimacy vary over time and in different groups of prison workers. The implications of these findings will be discussed.

Rok Hacin & Gorazd Meško, Prisoners’ Perception of Legitimacy of the Prison Staff: A Qualitative Study in Slovene Prisons, Int’l J. Offender Therapy & Comp. Criminology (published online February 2018), http://journals.sagepub.com/doi/abs/10.1177/0306624X18758896.

The purpose of this article is to explore prisoners’ perception of legitimacy of prison staff and examine the compliance of prisoners with the authority of prison staff to highlight the differences between instrumental and normative compliance of prisoners. This study draws on data collected from a random sample of 193 prisoners in all Slovene prisons. Using a qualitative approach based on structured interviews, our findings suggest that distributive justice, procedural justice, the quality of relations with prison staff, and the effectiveness of prison staff influence prisoners’ perception of legitimacy in a prison environment. Several prisoners comply with prison rules because they fear sanctions, which indicates their instrumental compliance, while normative compliance was reported by prisoners who perceived the legitimacy of prison staff in a more positive manner. Overall findings indicate that both instrumental and normative compliance of prisoners can be observed in Slovene prisons.

Gabriel Agboola Adetula, Procedural Justice and Fairness in Cases Adjudicated and Attitudes to Recidivism Among Nigerian Prisoners, 19 Varstvoslovje: J. Crim. Just. & Sec. 339 (2018), https://search.proquest.com/openview/8db5129f03ab0a91c427682cda1e0d48/1?pq-origsite=gscholar&cbl=1336359.

Purpose: The study critically examines procedural justice and fairness in court processes, the Nigerian prison system, term of imprisonment, and prisoners’ perception of treatment effects on their attitude to recidivism behaviour practice in the Nigerian socio-cultural context. The aim is to measure the relationship between cases adjudicated, imprisonment term, length of sentence, crime committed, court fairness and recidivism attitude.

Design/Methods/Approach: The study adopts an ex-post facto design approach for the survey. Three hundred prisoners from the Olokuta and Owo prisons in Ondo State, Nigeria were randomly selected as participants. Questionnaires and oral interview questions were adapted to elicit data. Pearson product moment correlation statistical analysis was used to process the data.

Findings: The results show that the six measurement variables correlated at different levels of significance and directions with the object being measured – recidivism attitude.

Israel (Issi) Doron et al., Court Rulings Involving Individuals with Dementia in Israel: A Qualitative Perspective, Dementia (published online January 2018), http://journals.sagepub.com/doi/abs/10.1177/1471301217752150.

Background: Individuals with dementia may appear before the courts in different roles. Despite the growing interest in the rights of older persons with dementia, relatively little empirical data exist regarding their actual interactions and experiences in court.

Methods: This study used a qualitative, textual analysis methodology. A total of 281 Israeli legal court cases, which addressed issues relating to dementia, were analyzed.

Results: Four key themes were found in the legal texts: (1) The legal construction of dementia and its relationships to old age; (2) The importance of procedural justice; (3) The implications and outcomes of the legal process; and (4) The legal implications to the society as a whole.

Conclusions: The legal narratives, which surround legal cases that deal with dementia in Israel, reveal an internal tension between stigmatic and anti-stigmatic narratives. This complex reality raises the need for further research and for a clearer judicial policy.

Cindy Brooks Dollar et al., Examining Changes in Procedural Justice and Their Influence on Problem‐Solving Court Outcomes, Behav. Sci. & L. (published online February 2018), https://onlinelibrary.wiley.com/doi/abs/10.1002/bsl.2329.

The number of problem‐solving courts has grown substantially since the mid‐1990s. Research consistently indicates that participation in these courts lowers recidivism, which is often attributed to defendants’ increased perceptions of procedural justice in these programs. Yet, prior studies are limited in their focus, often examining interactions with the judge in a single court or examining defendant perceptions and outcomes at a single time point. In the present study, we investigate defendant perceptions of procedural justice with judges and case managers across multiple problem‐solving courts over time. Findings indicate that procedural justice varies across court actors and over time. Procedural justice is lower among judges than among case managers; however, changes in perceptions of procedural justice with the judge are associated with improved court outcomes. We suggest that defendant perceptions are variable and complex but important in explaining variations in outcomes.

New Thinking and Interpretations

Naomi Creutzfeldt, Ombudsmen and ADR: A Comparative Study of Informal Justice in Europe (2018), https://www.palgrave.com/de/book/9783319788067.  

How do ordinary people experience and make sense of the informal justice system?  Drawing on original data with British and German users of Ombudsmen—an important institution of informal justice, Naomi Creutzfeldt offers a nuanced comparative answer to this question. In so doing, she takes current debates on procedural justice and legal consciousness forward. This book explores consciousness around ‘alternatives’ to formal legality and asks how situated assumptions about law and fairness guide people's understandings of the informal justice system. Creutzfeldt shows that the everyday relationship that people have with the informal justice system is shaped by their experiences and expectations of the formal legal system and its agents. This book is an innovative theoretical and empirical statement about the future prospects for informal justice in Europe.

Nancy A. Welsh, Do You Believe in Magic: Self-Determination and Procedural Justice Meet Inequality in Court-Connected Mediation, 70 S.M.U. L. Rev. 721 (2017), http://heinonline.org/HOL/LandingPage?handle=hein.journals/smulr70&div=32&id=&page=.

Proponents of the “contemporary mediation movement” promised that parties would be able to exercise self-determination as they participated in mediation. When courts began to mandate the use of mediation, commentators raised doubts about the vitality of self-determination. . . . Ensuring the procedural justice of mediation represents another means to ensure self-determination. If mediation provides parties with the opportunity to exercise voice, helps them demonstrate that they have considered what each other had to say, and treats them in an even-handed and dignified manner, it is more likely that the parties will share information that will lead to a result that actually represents the exercise of their self-determination. Recent research, however, counsels that status affects procedural justice perceptions, voice is not always productive, and parties who are marginalized or lower status may neither expect nor desire to exercise voice. Further, research indicates that even those parties in mediation who value voice may not value participating in the back-and-forth or bargaining process that is required to arrive at an agreement. After reviewing this and other research, the Article proposes . . . reforms to enhance the likelihood that mediation will provide all parties with voice, trustworthy consideration and real, substantive self-determination . . . .”

Jessica Roth, The Culture of Misdemeanor Courts, Hofstra L. Rev. (published online January 2018), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3103314.

The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can alter the culture of misdemeanor courts. Although certain features make these courts particularly challenging institutions in which to pursue cultural change, nevertheless there are reasons to be optimistic. The Article describes the experiences of three selected misdemeanor courts where innovative judges are championing significant changes to the conventional way of doing things, which lend credence to the methodology identified in the theoretical literature on cultural change.

Prisons and Offenders

Glenn D. Walters, Procedural Justice, Legitimacy Beliefs, and Moral Disengagement in Emerging Adulthood: Explaining Continuity and Desistance in the Moral Model of Criminal Lifestyle Development, 42 Law & Hum. Behav. 37 (2018), http://psycnet.apa.org/record/2017-49112-001.

Research has shown that procedural justice reliably predicts future offending behavior, although there is some indication that this may be more a function of legitimacy beliefs than of procedural justice per se. The current study sought to explain continuity and desistance in the moral model of criminal lifestyle development by comparing legitimacy beliefs, procedural justice, and moral disengagement as initiators and mediators of pathways leading to early adult offending. It was hypothesized that low legitimacy beliefs but not perceived procedural (in)justice or moral disengagement would initiate, and that moral disengagement but not low legitimacy beliefs or procedural injustice would mediate, the effect of low legitimacy beliefs on subsequent offending behavior. This hypothesis was tested in a group of 1,142 young adult males (age range = 18 to 20) from the Pathways to Desistance study (Mulvey, 2012). Results showed that as predicted, the target pathway (legitimacy → moral disengagement → offending) but none of the control pathways achieved a significant indirect effect. Hence, 1 way legitimacy beliefs reduce future offending and lead to desistance is by inhibiting moral disengagement. Besides the theoretical implications of these results, there is also the suggestion that legitimacy beliefs and moral disengagement should be considered for inclusion in secondary prevention and criminal justice intervention programs.

Joanna Easton, The Impact of Bereaved Family Participation in the Inquest Process in England and Wales Following a Death in Custody (2017) (unpublished Ph.D. thesis, University of Essex), http://repository.essex.ac.uk/20996.

This thesis studies the participation of bereaved families in inquests following deaths in custody in England and Wales. . . . An inquest is inquisitorial and the role of the coroner is to find the facts; so it can be argued that the participation of the family is primarily for their own closure and does not necessarily benefit the overall effectiveness of the investigation. This thesis shows that effective participation of a family (which includes ensuring they are legally represented and have access to all evidence) is vital to achieving accountability, as well as increasing the legitimacy of the process. The legal framework governing family access to an Article 2 investigation is considered, as well as the relevance of procedural justice theory for such investigations. Individuals with personal experience of inquests into deaths in custody including legal representatives, coroners, police officers and bereaved family members were interviewed to gather their views about the impact the participation of a bereaved family has on the effectiveness of the process. Perspectives described by these interviews are analysed within both legal and theoretical frameworks to take forward an understanding of why family participation in complex inquests is so important.

Andrew S. Gladfelter, Brendan Lantz & R. Barry Ruback, Beyond Ability to Pay: Procedural Justice and Offender Compliance with Restitution Orders, Int’l J. Offender Therapy & Comp. Criminology (published online March 2018), http://journals.sagepub.com/doi/abs/10.1177/0306624X18759195.

Restitution to victims is rarely paid in full. One reason for low rates of payments is that offenders lack financial resources. Beyond ability to pay, however, we argue that fair treatment has implications for offender behavior. This study, a survey of probationers who owed restitution, investigated the links between (a) ability to pay, (b) beliefs about restitution and the criminal justice system, and (c) restitution payment, both the amount paid and number of payments. Results indicate that perceived fair treatment by probation staff—those most directly involved with the collection of restitution payments—was significantly associated with greater payment, net of past payment behavior, intention to pay, and ability to pay. Because restitution has potentially rehabilitative aspects if offenders pay more of the court-ordered amount and if they make regular monthly payments, how fairly probation staff treat probationers has implications for both victims and for the criminal justice system.

Brandy L. Blasko & Faye S. Taxman, Are Supervision Practices Procedurally Fair? Development and Predictive Utility of a Procedural Justice Measure for Use in Community Corrections Settings, Crim. Just. & Behav. (published online January 2018), http://journals.sagepub.com/doi/abs/10.1177/0093854817749255.

This study describes the development and refinement of a practical measure for use by community supervision staff to assess the extent to which individuals under community supervision perceive the supervision process as fair. Seven items functioned statistically and theoretically well. Results showed a clear, one-factor structure. The resulting measure demonstrated significant relationships with supervision outcomes of both crime and technical violations across two independent community supervision samples. This practical measure is grounded in theory and provides supervision agencies with a tool to measure the degree to which the interactions between supervisees and officers are positive and prosocial, and facilitate outcomes that are perceived as legitimate. Findings are framed within the “what works” corrections literature, and the important, yet underresearched theory of procedural justice as it related to community corrections settings.

Valerie Jenness & Kitty Calavita, “It Depends on the Outcome”: Prisoners, Grievances, and Perceptions of Justice, Law & Soc’y Rev. (published online January 2018), https://onlinelibrary.wiley.com/doi/full/10.1111/lasr.12312.

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


Policing

Kristina Murphy & Lorraine Mazerolle, Policing Immigrants: Using a Randomized Control Trial of Procedural Justice Policing to Promote Trust and Cooperation, 51 Austl. & N.Z. J. Criminology 3 (2018), https://espace.library.uq.edu.au/view/UQ:718843.

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.

Madeleine Novich, Anne Li Kringen & Geoffrey Hunt, “They Can’t Search Her”: How Gender Imbalances in the Police Force Contribute to Perceptions of Procedural Unfairness, Feminist Criminology (published online January 2018), http://journals.sagepub.com/doi/pdf/10.1177/1557085117753669.

Research suggests that gender imbalances in police forces can significantly affect individuals’ experiences when interacting with police. Of importance, yet rarely examined, is the extent to which predominantly male police forces, in conjunction with adherence to gendered departmental policies, can simultaneously send signals of procedural justice and procedural injustice. Drawing on data from 253 in-depth interviews of San Francisco–based male and female drug-dealing gang members, we investigated how interactions with a male-dominated police force, who were required to search only suspects of the same gender, affected perceptions of fair policing. Our findings revealed that the study participants raised concerns that the police unfairly enforced the law to the detriment of the men in the study. The gang members were aware that male officers could only search same-sex suspects and this exacerbated the gendered experiences of the gang members. Specifically, it contributed to the perception that male officers targeted male gang members to the omission of women and, if women were stopped, they were frequently released. These findings suggest that the gender composition of the police force is important in shaping attitudes toward equitable enforcement of the law and procedural fairness. Of theoretical importance, these findings highlight a contradiction that compliance with rules can contribute, counter intuitively, to perceptions of procedural injustice. Procedurally unfair police behavior may be a systemic problem where the gender composition of the police force itself creates an inherently unfair system.

Rick Trinkner, Jonathan Jackson & Tom R. Tyler, Bounded Authority: Expanding ‘Appropriate’ Police Behavior Beyond Procedural Justice (March 2018) (unpublished manuscript), https://osf.io/nezm6/download/?format=pdf.

This paper expands previous conceptualizations of appropriate police behavior beyond procedural justice. The focus of the current study is on the notion of bounded authority – i.e. acting within the limits of one’s rightful authority. According to work on legal socialization, US citizens come to acquire three dimensions of values that determine how authorities ought to behave: (a) neutral, consistent and transparent decision-making; (b) interpersonal treatment that conveys respect, dignity and concern; and (c) respecting the limits of one’s rightful power. 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. We also find that legal legitimacy is associated with greater compliance behavior, controlling for personal morality and perceived likelihood of sanctions. We discuss the implications of a boundary perspective with respect to ongoing debates over the appropriate scope of police power and the utility of concentrated police activities. We also highlight the need for further research specifically focused on the psychological mechanisms.

Michael F. Aiello & Brian A. Lawton, Campus Police Cooperation and Legitimacy: Extending the Procedural Justice Model, Deviant Behav. (published online March 2018), https://www.tandfonline.com/doi/abs/10.1080/01639625.2017.1410618.

This paper extends the procedural justice model to campus policing, examining both the antecedents of legitimacy as well as the relative influence of student legitimacy evaluations on their likelihood of reporting campus crimes to the public safety department. A simple random sample of 31 undergraduate sections (n = 554) responded to a paper survey instrument. Undergraduate respondents indicate general procedural justice ratings are significantly related to their evaluations of campus police (CP) legitimacy. In turn, legitimacy ratings are significantly related to reporting likelihood. However, evaluations of the effectiveness of the CP have a stronger relationship with legitimacy than procedural justice.

Shun-Yung Kevin Wang & Ivan Y. Sun, A Comparative Study of Rural and Urban Residents’ Trust in Police in Taiwan, Int’l Crim. Just. Rev. (published online March 2018), http://journals.sagepub.com/doi/abs/10.1177/1057567718763724.

This study aims to examine residents’ attitude toward the police, with an empirical assessment of survey data collected from both urban and rural areas of Taiwan, a Chinese society that has successfully transformed from authoritarianism to democracy. Prior studies using samples from different Chinese societies tend to find that the assessment of the police is unidimensional. Using procedural justice as the guiding theoretical framework, the present study examines whether urban and rural residents express different levels of trust in police on procedural- and outcome-based measures. Findings revealed that urban residents had a lower level of trust in police on the outcome-based performance than their rural counterparts, while no difference was found in procedural-based dimension. In addition, Taiwanese attitudes toward the police were substantially influenced by media coverage of police misconducts and political ideology. This article concluded with discussions of plausible explanations and policy implications.

Robert O. Motley & Sean Joe, Police Use of Force by Ethnicity, Sex, and Socioeconomic Class, 9 J. Soc’y Soc. Work & Res. 49 (2018), https://www.journals.uchicago.edu/doi/abs/10.1086/696355.

Objective: Disparities in police responses to Black and White people have received significant research and public attention in recent years. This study examines self-reported accounts of exposure to and perceptions of police use of force among Black and White ethnic groups by sex and income level.

Method: Using bivariate and multivariate approaches, we analyzed data from the Bureau of Justice Statistics 2011 Police–Public Contact Survey, a measure administered to a nationally representative sample of U.S. residents. Participants were asked a series of questions about their most recent contact with police during a 12-month period. Our analyses were limited to Black (n = 59; mean age 28.8 years) and White (n = 366; mean age 34.6 years) participants whose most recent involuntary contact with police included a street stop.

Results: For Black residents, being male and having an income under $20,000 significantly increased the risk for exposure to police use of force during a street stop. For White residents, being male, having an income under $20,000, or being age 35 or older significantly increased the risk for exposure to police use of force during a street stop.

Conclusions: Future research will benefit from additional attention to the cumulative impact of police use of force and how experience with police use of force shapes U.S. residents’ understanding of and expectations for procedural justice.

Tal Jonathan-Zamir & Amikam Harpaz, Predicting Support for Procedurally Just Treatment: The Case of the Israel National Police, Crim. Just. & Behav. (published online March 2018), http://journals.sagepub.com/doi/abs/10.1177/0093854818763230.

The importance of police treating citizens with procedural justice is well recognized. Recently, scholars have begun exploring officers’ views and beliefs that are associated with support for procedurally fair policing, but have not relied on a consistent conceptual framework. In the present study, we propose such a framework, focusing on three core realms of the policing environment: officers’ affiliation with their supervisors, officers’ perceptions of their authority and powers, and officers’ relationship with the public. We then use this framework to predict Israeli police officers’ endorsement of procedurally just policing. We find positive, direct effects for perceived public support, self-legitimacy, years of experience, and being a minority officer. In contrast to previous findings, internal procedural and distributive justice did not show significant effects. We discuss these findings and their implications, and stress that the relationship between attitudes toward procedural justice and actual behavior continues to be explored.

Loene M. Howes, Community Interpreters’ Experiences of Police Investigative Interviews: How Might Interpreters’ Insights Contribute to Enhanced Procedural Justice? Policing & Soc’y (published online March 2018), https://www.tandfonline.com/doi/abs/10.1080/10439463.2018.1447572.

Procedural justice refers to fairness in police dealings with members of the public. By facilitating communication between the police and people with whom they do not share a common language, interpreters assist policing organisations to provide fair and equitable services for all members of the community. Yet research findings suggest that interpreters’ presence, behaviour, and interpreting choices can negatively impact the fairness of police investigative interviews. To contribute to enhanced procedural justice in interpreted investigative interviews, this study explores the under-researched topic of interpreters’ perceptions of such interviews. Twenty community interpreters from diverse languages participated in interviews, in line with the procedural justice concept of voice. Inductive thematic analysis of transcripts revealed interpreters’ perception that effective interpreting is impeded both by systemic issues arising from the structure of the interpreting profession and situational aspects of the police interview. . . . Overall, the findings indicate some practical ways in which the procedural justice goals of neutrality, respectful treatment, and trustworthiness may be enhanced in interpreted investigative interviews. Further research is needed to assess the impacts of these suggestions on procedural justice outcomes in practice.

Justin T. Pickett, Justin Nix & Sean Patrick Roche, Testing a Social Schematic Model of Police Procedural Justice, Soc. Psychol. Q. (published online February 2018), https://www.researchgate.net/profile/Justin_Pickett/publication/323322908_Testing_a_Social_Schematic_Model_of_Police_Procedural_Justice/links/5a8dff03a6fdcc808c0f10c2/Testing-a-Social-Schematic-Model-of-Police-Procedural-Justice.pdf.

Procedural justice theory increasingly guides policing reforms in the U.S. and abroad. Yet, the primary sources of perceived police procedural justice are still unclear. Building on social schema research, we posit civilians’ perceptions of police procedural justice only partly reflect their personal and vicarious experiences with officers. We theorize perceptions of the police are anchored in a broader “relational justice schema,” composed of views on how respectful, fair, and unbiased most people are in dealing with others. An individual’s experiences with certain non-legal actors and perceived neighborhood environments should directly affect their relational justice schema, and indirectly affect their evaluations of police. Nevertheless, experiences with police, especially mistreatment by officers, should also affect perceived police procedural justice, and may moderate the effects of relational justice schema endorsement. We test our hypotheses in two studies with national samples. The findings strongly support a social schematic model of perceived police procedural justice.

Kristina Murphy, Adrian Cherney & Marcus Teston, Promoting Muslims’ Willingness to Report Terror Threats to Police: Testing Competing Theories of Procedural Justice, Just. Q. (published online February 2018), https://www.tandfonline.com/doi/abs/10.1080/07418825.2018.1437210.

The heightened threat of terrorism in the West has resulted in more power being granted to police. However, new anti-terror laws and heavy-handed policing practices can stigmatize Muslim communities. Using survey data from 800 Australian Muslims this paper examines whether procedural justice policing in counter-terrorism enhances Muslims’ feelings of social inclusion, and promotes their intentions to report terror threats to police. Of interest is how procedural justice influences Muslims who feel less socially included. Three competing theoretical frameworks differ in the predictions they make about when and why procedural justice influences excluded groups. This paper considers each framework and discusses how each explains the relationships between our variables of interest. Our findings show that procedural justice is positively associated with social inclusion and intentions to report terror threats to police. Findings also show that social inclusion both moderates and partially mediates the effect of procedural justice on reporting intentions.

Emily Owens, et al., Can You Build a Better Cop? Experimental Evidence on Supervision, Training, and Policing in the Community, 17 Criminology & Pub. Pol’y 41 (2018), https://onlinelibrary.wiley.com/doi/epdf/10.1111/1745-9133.12337.

Research Summary: By drawing from psychology and economics, we present an experimental evaluation of a procedural justice training program designed to “slow down” police officers’ thought processes during citizen encounters. We find that officers who were randomly assigned to participate in training were as engaged in the community as similarly situated officers, but they were less likely to resolve incidents with an arrest or to be involved in incidents where force was used. These changes were most evident among officers who worked in areas with a modest level of risk.

Policy Implications: Police officers who are actively engaged with the public can reduce crime through general deterrence and by arresting criminals. Nevertheless, excessive discretionary arrests and the use of force by officers can reduce public trust in the police. To date, there is scant evidence as to how police departments can successfully train officers to balance enforcement and public trust in the field. Through our study, we demonstrate that a relatively minor supervisory intervention may cause substantive changes in how police and citizens interact with each other.

Lee Ann Slocum & Stephanie Ann Wiley, “Experience of the Expected?” Race and Ethnicity Differences in the Effects of Police Contact on Youth, Criminology (published online March 2018), https://onlinelibrary.wiley.com/doi/abs/10.1111/1745-9125.12174.

Proponents of police reform have called for changes in the way police interact with citizens, particularly with people of color. The rationale, in part, is that when people have more favorable perceptions of their police encounters, they view the police as more just and are more willing to cooperate and comply with the law. To assess whether perceptions of police‐initiated encounters shape law‐related outcomes, we examine how satisfaction with treatment during prior police contact affects procedural injustice, reporting intentions, norms supporting the use of violence, and delinquency. We also explore whether these relationships vary among Blacks, Whites, and Latinos. Our results indicate that youth who have been stopped or arrested fare worse than their counterparts with no police‐initiated contact; however, the potentially negative ramifications of these encounters on all outcomes except violence norms are generally mitigated when youth are satisfied with their treatment. The effects of contact are mostly invariant across racial/ethnic groups when a robust set of control variables are included. We conclude that changing the perceptions of youth regarding how they are treated by the police may mitigate some of the harms of being stopped or arrested, but we caution that these perceptions are shaped by factors aside from police behavior during encounters.

B. Heidi Ellis, “We All Have Stories”: Black Muslim Immigrants’ Experience with the Police, Race & Just. (published online February 2018), http://journals.sagepub.com/doi/abs/10.1177/2153368718754638.

Understanding the relationships between immigrants and refugees and the police is a critical research task with implications for both community–police partnerships and the effectiveness of law enforcement efforts. This study contributes to such an understanding by examining perceptions of police and police interactions among Somali immigrants and refugees (both first and second generation) in three communities in the United States and Canada. This article presents in-depth analyses of qualitative interview data and draws upon multiple theoretical perspectives, specifically procedural justice and minority group threat theory. These perspectives have been employed to account for police–minority relationships in other works and we extend their application to a new group. We find that despite some evidence of positive interactions with police, current policing could do more to establish community trust and implement principles of procedural justice with Somalis in the United States and Canada. This article also finds support for the minority group threat theory in that study participants perceive that they experience harsher and more frequent policing due to their multiple marginalized statuses (Black, immigrant, and Muslim). Implications for both Somali immigrants/refugees and law enforcement are discussed.

Sean Patrick Roche, Cops and Cells: Theorizing and Assessing the Implications of Smartphone Surveillance for Policing (2017) (unpublished Ph.D. dissertation, State University of New York at Albany), https://eric.ed.gov/?id=ED578723.

In the United States, police officers are empowered to use force, and are often people's first point of contact with the criminal justice system. Significantly, in the last decade, the majority of American citizens have acquired smartphone technology, which allows them to document and broadcast police behavior on a scale never before seen. . . . Using data from two recent national surveys, one of police officers and the other of members of the American public, three studies were conducted. Study 1 assessed if and to what extent police officers are aware of citizen recording (i.e., sousveillance), how likely they perceive it to be, and the extent to which they worry about it. Study 2 presented members of the public with randomized survey vignettes depicting police-citizen encounters to assess the impact of the presence of smartphones on respondents' emotions and intention to comply. Study 3 examined the relationships between perceived procedural justice, police performance satisfaction, and experience interpersonal police misconduct on the perceived effects of citizen smartphone surveillance and overall support for citizens engaging in such practices.

Belén V. Lowrey-Kinberg, Procedural Justice, Overaccommodation, and Police Authority and Professionalism: Results from a Randomized Experiment, 19 Police Prac. & Res. 111 (2018), https://www.tandfonline.com/doi/full/10.1080/15614263.2018.1418167.

Two well-established theories have been used as a foundation for studying how interpersonal treatment affects police-citizen relations: procedural justice and communication accommodation theory. Both theories highlight communication with the public as among the most central duties of a law enforcement officer. Yet research has found that there may be a nonlinear relationship between level of accommodation and positive behavioral outcomes. In this laboratory-style experiment, participants were randomly assigned to one of three experimental conditions to test the effects of three communication styles on perceptions of officer authority/professionalism and of the authority/professionalism of the police more generally. The results show that a procedurally just style of communication results in greater perceived authority/professionalism of the police than a neutral style, while overaccommodation causes the officer to be perceived as having less authority/professionalism. These results take another step in integrating procedural justice theory and communication accommodation theory and speak to the practical effects of communication styles on how people view the police.

Elise Sargeant, Kristina Murphy & Natasha S. Madon, Is Dissatisfaction with Police Inevitable? Testing an Integrated Model of Motivational Postures and Procedural Justice in Police-Citizen Contacts, 19 Police Prac. & Res. 125 (2018), https://www.tandfonline.com/doi/full/10.1080/15614263.2018.1418156.

In this paper we consider whether pre-existing defiant postures shape citizens’ perceptions of procedural justice and satisfaction in police-citizen encounters. Utilizing longitudinal survey data we examine 440 people who reported having personal contact with police in the 12-month period preceding the second survey. We find defiance at Time 1 results in lower perceptions of procedural justice and satisfaction with police-citizen encounters at Time 2. Importantly, procedural justice fully mediates the relationship between defiance and satisfaction with police. These findings suggest that how citizens view police coming into a police-citizen encounter can impact their perceptions of procedural justice and, in turn, their satisfaction with the encounter. Testing a model of citizen defiance during police-citizen contacts is important because it helps us to better understand the way in which preconceived understandings of the police contribute to citizen interpretations of police-citizen encounters.

David H. Tyler et al., The Effects of Procedural Injustice on the Use of Violence Against Police by Occupy Wall Street Protesters, 19 Police Prac. & Res. 138, https://www.tandfonline.com/doi/full/10.1080/15614263.2018.1418153.

While a large, cross-disciplinary literature exists on crowd dynamics and protester behavior, few studies have tested the effects of perceived injustice on protester behavior. Based on data from a survey of Occupy Wall Street protesters in New York City, we explore the influence of perceptions of unjust police behavior on the use of violent resistance by protesters. We test the direct effects of two perceptual measures of procedural injustice and four control variables on self-reported use of violence against police. We also test the indirect effects of these variables on protester use of violence through an attitudinal measure of support for the use of violence against police. Findings reveal that the dominant predictor of protester violence against police is the perception that police use force unjustly against protesters. Level of participation in OWS and attitudes toward violence also exert significant effects on self-reported use of violence against police among protesters.

Lidia E. Nuño, Hispanics’ Perceived Procedural Justice, Legitimacy, and Willingness to Cooperate with the Police, 19 Police Prac. & Res. 153 (2018), https://www.tandfonline.com/doi/abs/10.1080/15614263.2018.1418160.

While some research has examined differences in perceptions of police among minorities and Whites, most of this research has focused on race rather than ethnicity. The dearth of research on ethnic minorities’ perceptions of police is striking given recent increases in the number of ethnic minorities in the U.S., particularly Hispanics. Some research suggests that Hispanics have more negative views of the police than Whites. The present study compares perceptions of police among Hispanic and White respondents. I focus specifically on perceptions of procedural justice and police legitimacy, as well as the impact of these perceptions on willingness to cooperate with police. Analysis of data from a sample of arrestees in Arizona (n = 1549) reveals no significant differences in perceptions of procedural justice and police legitimacy between Hispanic and White respondents. Procedural justice has a significant, positive effect on legitimacy, but the operationalization of legitimacy was found to have significant implications.

Youngki Woo, Edward R. Maguire & Jacinta M. Gau, Direct and Indirect Effects of Procedural Justice on Cooperation and Compliance: Evidence from South Korea, 19 Police Prac. & Res. 168 (2018), https://www.tandfonline.com/doi/full/10.1080/15614263.2018.1418147.

Procedural justice now plays an important role in the study of policing. While most empirical research on the effects of procedural justice has been carried out in Western countries, there has been little empirical research on its effects in East Asia, where authority dynamics are thought to differ from those in the West. Using a sample of 301 South Korean citizens, this study examines the direct and indirect effects of procedural justice and other factors on cooperation and compliance with police and the law. The results show that procedural justice has a significant, positive direct effect on obligation to obey, but not on cooperation or compliance. Procedural justice has a significant, positive indirect effect on cooperation via obligation to obey, but it does not have a significant indirect effect on compliance. We discuss the implications of these results for procedural justice theory and its applications in different settings, including East Asia.

Oluwagbenga Michael Akinlabi & Kristina Murphy, Dull Compulsion or Perceived Legitimacy? Assessing Why People Comply with the Law in Nigeria, 19 Police Practice & Res. 186 (2018), https://www.tandfonline.com/doi/abs/10.1080/15614263.2018.1418170.

Do people living in societies rife with police corruption comply with the law because they perceive police as legitimate or because of their feelings of endemic powerlessness (i.e., what Tankebe (2009) refers to as dull compulsion)? Prior studies have shown that compliance is driven primarily by perceptions that authorities and their laws are legitimate and entitled to be obeyed. Using cross-sectional survey data collected from Southwest Nigeria, this study found that perceptions of police effectiveness and procedural justice were related to Nigerians’ self-reported compliance with the law. Importantly, and unexpectedly, neither dull compulsion nor perceptions of police legitimacy were related to Nigerians’ self-reported compliance behaviour. The implications of these findings for policing in postcolonial African societies are discussed.

Matthew Stephen Radburn, Crowd Policing, Police Legitimacy and Identity: The Social Psychology of Procedural Justice (2017) (unpublished Ph.D. thesis, University of Leeds), http://etheses.whiterose.ac.uk/19118/.

This PhD was motivated to explore the applicability and explanatory power of procedural justice theory (PJT) in the context of the policing of crowd events. . . . Despite PJT being rooted in “in efforts to understand and explain riots and rebellion” (Tyler and Blader 2003, p. 351), there has been a paucity of research focussing specifically on the police’s management of crowds (Stott et al. 2011). This thesis used a mixed methods approach involving online experiments, semi-structured interviews and an online survey. The final empirical chapter then drew on a longitudinal secondary data analysis of a series of ‘real-time’ police-‘public’ interactions across multiple crowd events. The thesis suggests that it is essential that both PJT and its associated research are process and context orientated. A true process model of procedural justice is required to explore the interactive and bi-directional nature of the relationship between social context, identity, police legitimacy and action. It is argued that the current social psychological understandings of procedural justice do not adequately articulate this dynamism. Yet developing the process model of procedural justice is essential to avoid unintentionally ‘desocialising’ people’s experiences of policing and to therefore reaffirm the need to study the social psychological processes of PJT in context.

Andrea Romo Pérez, Assessing Police Treatment in Ecuador: The View of Satisfied and Disaffected Female Serious Offenders, Police Prac. & Res. (published online January 2018), https://www.tandfonline.com/doi/abs/10.1080/15614263.2018.1428898.

This empirical study examines procedural justice perceptions among 51 female serious offenders in Ecuador, with the aim of identifying differences between those women who were satisfied with law enforcement and those who were not. The results demonstrate that when women were treated with courtesy and respect, and their rights were acknowledged, they felt satisfied with the police, in a way that they did not give importance to the irregularities they observed while arrested and in custody. On the other hand, the majority of women participants were dissatisfied with the police. Their dissatisfaction with, and lack of trust in, the authorities affected their desire to cooperate with police activities. The study also demonstrates that, although the Ecuadorian police force has made considerable efforts in promoting citizens’ trust during the last 7 years, corruption and illegal police conduct when dealing with offenders are far from uncommon.

New Thinking and Interpretations

Lorraine Mazerolle & William Terrill, Making Every Police–Citizen Interaction Count: The Challenges of Building a Better Cop, 17 Criminology & Pub. Pol’y 41 (2018), https://onlinelibrary.wiley.com/doi/epdf/10.1111/1745-9133.12340.

In this policy essay, we offer three reflections that, we hope, will help policy makers interpret and act on the body of research in which Owens et al.’s (2018) study [abstract above] is situated. First, we discuss the importance of studying incidents where “nothing bad happened” (i.e., cases where officers did not resort to forceful means). Such everyday police–citizen encounters form the bulk of police work, but they are arguably the least studied. Second, we examine the challenges of training officers to automate the dialogue of procedural justice, not just in short burst encounters but also in more complex situations. Third, we emphasize the importance of considering the broader organization culture when seeking to implement and assess the impact of training programs. Given the manner in which police work is structure, officers do not work in isolation but within varying workgroups (e.g., same squad, shirt, and area). We explore, therefore, the organization context in which “better cops” are supported to make, on a routine bias. Quality decisions and treat citizens with dignity and respect.

 

Business and Management

Maryam Tajammal, Impact of Procedural Justice on Turnover Intention with Mediating Effect of Trust, 6 Jinnah Bus. Rev. 13 (2018), http://jbrc.pk/volumes/paper613.pdf.

This research conducted a survey to examine the impact of procedural justice on turnover intention through mediation of organizational trust. The study is based on a sample of 141 faculty members of the public and private sector universities of twin cities of Pakistan who completed structured questionnaires for each variable. Data were analyzed using SPSS and results revealed that procedural justice has negative and significant effect on turnover intentions of employees. Furthermore, organizational trust successfully mediates the relationship between Procedural justice and Turnover intention.

Herman H. M. Tse et al., Examining the Interpersonal Process and Consequence of Leader–Member Exchange Comparison: The Role of Procedural Justice Climate, J. Org. Behav. (published online February 2018), https://onlinelibrary.wiley.com/doi/abs/10.1002/job.2268.

Individuals are always sensitive to their relative standing in interpersonal comparison processes of leader–member exchanges (LMXs) in teams. Little research, however, has investigated whether coworkers with a higher LMX influence the emotional and behavioral reactions of individuals with a lower LMX in different dyads. Drawing on social comparison theory and the symbolic model of procedural justice (PJ) climate, we conducted 2 independent studies—an experimental study focusing on the self‐perceived upward LMX comparison (i.e., an individual perceives that a coworker's LMX is higher than the LMX that he or she has with the supervisor; N = 203; Study 1: American working adults) and a field survey study focusing on the other‐perceived downward LMX comparison (i.e., a coworker perceives that his or her own LMX is higher than the LMX that the individual has with the supervisor; N = 177; Study 2: Chinese software engineers). Results from these studies consistently revealed that a coworker's higher LMX elicits an individual's hostile emotions when the PJ climate is low but that this relationship is buffered when the PJ climate is high. Results of both studies also showed that the coworker's higher LMX arouses the individual to direct harmful behavior toward that coworker (via the individual's feelings of hostility) when the PJ climate is low but not when it is high.

Michael T. Lee & Robyn L. Raschke, Freeing “Workplace Prisoners” in Higher Education: Configurations for Collective Knowledge Building and Educational Value Decisions, J. Bus. Res. (published online January 2018), https://www.sciencedirect.com/science/article/abs/pii/S0148296318300213.

“Workplace prisoners” are people who stay in their jobs despite feeling unmotivated, disengaged, and generally negative about their employer. These feelings come from a perceived inability to influence the organization. Consequently, they impede organizational progress and reduce organizational value. Workplace prisoners exist in higher education because competition in conjunction with continual policy and management changes develops an environment with conflicts and tensions. Intelligence and emotional recognition theory states that procedural justice creates trust, commitment, voluntary cooperation promoting institutional decision-making that leads to more perceived educational value. Using a fuzzy-set qualitative comparative analysis (fsQCA), this study specifies organizational justice and faculty engagement conditions that contribute to educational value. The results advance theory by demonstrating the importance of distributive justice for institutional decision-making and educational value when the comparison of individual outcomes is most salient with organizational outcomes.

Erika Kirstin González, Does Pay Account for Employee Performance and Intention to Stay? The Moderating Effects of Leadership and Justice (September 2017) (unpublished M.A. thesis, University of Trier), https://pdfs.semanticscholar.org/4121/11f8e941c4c6411fd1df957d27d5ee1cc5aa.pdf.

Most organizations globally assume a positive relation between pay and employee behaviors, such as performance and intention to stay in an organization. The here presented study analyzed the moderating effects of distributive justice, procedural justice, and transformational leadership on the association of pay level and pay raise with employee performance and/or intention to stay. Questionnaire data of 255 white-collar workers in a large organization was obtained. Pay level and pay raise were generally unrelated to the outcomes. Distributive justice was positively related to intention to stay but unrelated to job performance. Procedural justice and transformational leadership were positively related to both intention to stay and job performance. The results generally provide no support for the notion that justice and leadership moderate the association between pay and employee outcomes, as only one of twelve tested interaction terms were significant. However, transformational leadership moderated the association between pay level and job performance, so that a higher pay level was associated with better performance under the condition of high transformational leadership. The results are similar to recent meta-analytic findings.

Jun Surjanti, Ady Soejoto & Muafi, The Impact of Procedural Justice (PJ), Distributive Justice (DJ) and Ethical Climate (EC) on Continuous Professional Development (CPD): The Role of Work Related Stress (WRS) Mediation, 21 J. Entrepreneurship Ed. 1 (2018), https://www.abacademies.org/articles/The-impact-of-procedural-justice-distributive-justice-and-ethical-climate-1528-2651-21-1-140.pdf.

This study focuses on the measurement of teacher's performance or often called as Continuous Professional Development (CPD) in Indonesia, which aims to improve teacher's competency. The purpose of this study is to examine and analyse the influence of ethical climate, distributive justice and procedural justice that affect teacher’s CPD mediated by Work-Related Stress. The study is done by collecting data through questionnaires to teacher respondents by purposive sampling technique. The statistical techniques using Partial Least Square. The analysis results concluded that ethical climate, distributive justice and procedural justice have a significant negative effect on work-related stress. Similarly, work-related stress has a significant negative effect on CPD. Work-related stress acts to mediate the ethical climate influence, distributive justice and procedural justice on CPD.

Jodie Thorpe, Procedural Justice in Value Chains Through Public–Private Partnerships, 103 World Dev. 162 (2018), https://www.sciencedirect.com/science/article/pii/S0305750X17303182.

This paper is about making agricultural value chains work for smallholder farmers, and the way that governments can achieve this aim through public–private partnerships (PPPs). . . . This paper analyzes in-depth case studies from Ghana, Indonesia, Rwanda, and Uganda to better understand a surprising empirical finding: that farmers that experience strong PPP results in terms of productivity and incomes may nevertheless remain dissatisfied, while those experiencing much more modest gains can view the PPP favorably. At the heart is an analytical framework based on five attributes of “procedural justice”. It finds that public sector actors, through PPPs, are able to shape governance within value chains, influencing the relative skills, knowledge, and resources which different actors possess, the way that farmers are organized to engage in the value chain, and the attributes of procedural justice reflected in chain arrangements. Where procedural justice is weak, farmers are more likely to exit or neglect the arrangements, leaving the value chain underperforming with sub-optimal outcomes for all: for farmers, for lead firms, and for government agencies. Government involvement in value chains should be premised on facilitating relationships that are more procedurally just than those which would be expected to arise through the market alone.

Yuling Sun, Zehua Liu & Hui Yang, How Does Suppliers’ Fairness Affect the Relationship Quality of Agricultural Product Supply Chains? J. Food Quality 1 (2018), https://www.hindawi.com/journals/jfq/2018/9313068/abs/.

Although many studies have suggested that the relationship between different supply chain members significantly affects agricultural product quality, suppliers’ perceptions of fairness, which greatly influence their decisions on building the relationship quality, are often overlooked. Particularly, the empirical evidence to investigate the impacts of suppliers’ fairness on the relationship quality and the factors that affect the suppliers’ fairness is missing, and therefore this knowledge gap needs to be filled by new research. Herein, we conducted a survey of 450 agricultural product suppliers and systemically analyzed the impact of antecedents on fairness perception and the impact of fairness perception on relationship quality. In addition, we developed a structural equation model and found that information sharing and price satisfaction had significantly positive effects on procedural fairness and distributive fairness, respectively. Furthermore, our studies demonstrated that procedural fairness is more important in improving the relationship quality than distributive fairness. However, supplier dependence is another important impact factor, and it greatly decreases the positive effects of suppliers’ fairness on relationship quality. In summary, the study results provide several managerial implications and extend our understanding of the importance of suppliers’ fairness in the relationship quality, which involves product development with respect to the supplier’s performance.

Kara Michelle Polk, Can Interview Structure Be Manipulated to Enhance Applicant Reactions? (December 2017) (unpublished M.A. thesis, University of Houston), https://uh-ir.tdl.org/uh-ir/bitstream/handle/10657/2079/POLK-THESIS-2017.pdf?sequence=1&isAllowed=y.

Employee selection researchers have predominantly focused on the validity and reliability of selection tools, and applicants’ reactions to these tools (Hausknecht, Day, & Thomas, 2004; Ryan & Ployhart, 2000; Ryan & Ployhart, 2014; Smither et al., 1993). However, few researchers have studied applicant reactions to specific selection tool characteristics, such as facets of the employment interview. Thus, the current research seeks to study the relationship between five facets of structure (i.e., rapport building, transparency, probing, ancillary information, and applicant questions during the interview) and three applicant reactions: procedural justice, anticipated organizational support (AOS), and job pursuit intentions. Using conceptual frameworks from justice and organizational support theory, I hypothesized that less-structured facets would increase job pursuit intentions directly, as well as indirectly, by enhancing perceptions of procedural justice and AOS. I found full support for these hypotheses. These findings improve our understanding of structure and inform employment interview best practices.

Constanze Eib et al., Organizational Justice and Health: Studying Mental Preoccupation with Work and Social Support as Mediators for Lagged and Reversed Relationships, J. Occupational Health Psychol. (published online March 2018), http://psycnet.apa.org/doiLanding?doi=10.1037%2Focp0000115.

Organizational justice perceptions are considered a predictor of health and well-being. To date, empirical evidence about whether organizational justice perceptions predict health or health predicts organizational justice perceptions is mixed. Furthermore, the processes underlying these relationships are largely unknown. In this article, we study whether bidirectional relationships can be explained by 2 different mediation mechanisms. First, based on the allostatic load model, we suggest that the relationships between organizational justice perceptions and different health indicators are mediated through mental preoccupation with work. Second, based on the affective perception and affective reaction assumption, we investigate if the relationships between different health indicators and organizational justice perceptions are mediated by social support at work. Using a large-scale Swedish panel study (N = 3,236), we test the bidirectional mediating relationships between procedural justice perceptions and self-rated health, depressive symptoms, and sickness absence with a cross-lagged design with 3 waves of data. Significant lagged effects from procedural justice to health were found for models predicting depressive symptoms and sickness absence. Mental preoccupation with work was not found to mediate the longitudinal relationship between procedural justice perceptions and indicators of health. Significant lagged effects from health indicators to procedural justice were found for models involving self-rated health, depressive symptoms, and sickness absence. Social support mediated the longitudinal relationships between all 3 health indicators and procedural justice. Results are discussed in light of previous studies and implications for theory and practice are outlined.

Khaled A. Alshare, Peggy L. Lane & Michael R. Lane, Information Security Policy Compliance: A Higher Education Case Study, 26 Info. & Computer Sec. 91 (2018), https://www.emeraldinsight.com/doi/abs/10.1108/ICS-09-2016-0073.

Purpose: The purpose of this case study is to examine the factors that impact higher education employees’ violations of information security policy by developing a research model based on grounded theories such as deterrence theory, neutralization theory and justice theory.

 

Design/methodology/approach: The research model was tested using 195 usable responses. After conducting model validation, the hypotheses were tested using multiple linear regression.

 

Findings: The results of the study revealed that procedural justice, distributive justice, severity and celerity of sanction, privacy, responsibility and organizational security culture were significant predictors of violations of information security measures. Only interactional justice was not significant.

 

Practical implications: The findings validate past research and should encourage managers to ensure employees are involved with developing and implementing information security measures. Additionally, the information security measures should be applied consistently and in a timely manner. . . . Employees should have a strong sense of treating company data as they would want their own data to be treated.

 

Social implications: Engaging employees in developing and implementing information security measures will reduce employees’ violations. Additionally, giving employees the assurance that all are given the same treatment when it comes to applying sanctions will reduce the violations.

New Thinking and Interpretations

Shabnum Durrani, Meg Lucik, & Richard Safeer, Enhanced Tobacco Control Initiative at Johns Hopkins Health System: Employee Fairness Perception, Health Promotion Prac. (published online February 2018), http://journals.sagepub.com/doi/abs/10.1177/1524839918759525.

Organizations often fail to establish a clear awareness of what employees consider fair when implementing changes to employee benefits in the workplace. In 2016, the Johns Hopkins Health System (JHHS) enhanced their tobacco control efforts. In addition to enhanced smoking cessation benefits, employees were offered an increased reduction in their insurance premiums if they were nonsmokers. To qualify for the reduction, employees participated in testing rather than relying on self-reporting as had been done in the past. The shift to testing prompted a concern by some senior management at JHHS who did not want employees to feel they were not trusted. As the program unfolded at JHHS, the four-component model of procedural justice was applied to provide a framework for reviewing the implementation of the new voluntary tobacco testing at JHHS from a fairness lens. The purpose of this article is to illustrate the application of the four-component procedural model of justice to the tobacco testing process at JHHS. As approximately 75% of employees participated in the program, the experience at JHHS can be instructive to other employers who are looking to implement changes in their workplaces and how to minimize unintended consequences with their employees.


Miscellaneous

Sofie Marien & Hannah Werner, Fair Treatment, Fair Play? The Relationship Between Fair Treatment Perceptions, Political Trust and Compliant and Cooperative Attitudes Cross‐Nationally, Euro. J. Pol. Res. (published online March 2018), https://onlinelibrary.wiley.com/doi/abs/10.1111/1475-6765.12271.

Obtaining citizens’ voluntary compliance with political decisions is a fundamental democratic challenge. Fair treatment by public officials plays a key role in theoretical and empirical studies on citizens’ compliance and cooperation. Yet it is unclear whether citizens within different societies react to (un)fair treatment in the same way. Using multilevel structural equation modelling and multilevel regression analysis on the European Social Survey 2010–2 (N = 52,458), this article shows that perceptions of fair treatment by police officers are associated with higher levels of trust in political institutions and in turn stronger compliant and cooperative attitudes of citizens in 27 countries. Yet the link between perceptions of unfair treatment and institutional trust is stronger in countries in which fair behaviour is more prevalent. While fair treatment is often considered to be a universal norm affecting citizens in a uniform way, this article sheds light on important cross‐national variations.

Lucy Mercer-Mapstone et al., Company-Community Dialogue Builds Relationships, Fairness, and Trust Leading to Social Acceptance of Australian Mining Developments, 184 J. Cleaner Production 671 (2018), https://www.sciencedirect.com/science/article/pii/S0959652618306292.

Social licence to operate has become an integral part of the discourse around social accountability for mining globally. Meaningful engagement between companies and communities has been proposed as a foundation for relationships that support a social licence. The links among these elements are investigated in the present research, which developed and tested a model exploring correlations between one such engagement mechanism, dialogue, and company-community relationships. It also considered other critical elements of social licence, including procedural fairness, trust, and social acceptance of mining. Survey participants (N = 560) were Australians living close to mining or natural gas development across 11 non-metropolitan regions in Australia. Path analyses showed that the more positive community members’ experiences of dialogue were, the stronger their relationships with company personnel and the more they perceived that the procedures used by the mining industry were fair. These factors, fairness and relationships, mediated the significant indirect effects that dialogue had in building trust in the mining industry, which, in turn, predicted increased acceptance of mining. The findings support previous research in indicating that fairness, trust, and acceptance are critical elements in social acceptance. The findings provide an empirical link between these factors and the quality of dialogue and of company-community relationships. These results have implications for future research on social licence and the development of engagement strategies that seek to foster community and broader social acceptance.

Airong Zhang, Thomas G. Measham & Kieren Moffat, Preconditions for Social Licence: The Importance of Information in Initial Engagement, 172 J. Cleaner Production 1559 (2018), https://www.sciencedirect.com/science/article/pii/S0959652617326252.

Building on the knowledge that procedural fairness of and trust in mining companies, as well as confidence in governance, are key determinants of social licence to operate (SLO), the present research aims to examine how these preconditions of SLO are affected by the terms of engagement set out in initial letters sent to residents. Through an experimental study, quasi-experimental methodology was employed with four experimental conditions, where participants read an initial letter introducing a hypothetical mining proposal issued by a fictitious mining company (Nortor Mining Corporation – NMC) and then answered a number of questions regarding procedural fairness of and trust in NMC, as well as confidence in its governance. Condition 1 (i.e. a basic overview of the project) was modelled on a notice from a real mining company outlining opportunities for community engagement. Conditions 2 (Condition 1 plus commitment to engage), 3 (Condition 2 plus adherence to government requirements), and 4 (Condition 3 plus community’s opportunity to contribute) were established through systematically and accumulatively adding information on NMC’s detailed community engagement plan, the government assessment process, and opportunities for community involvement. The findings suggest that Condition 3 and Condition 4 resulted in higher scores for all three preconditions of SLO. The results demonstrate that the information presented in an initial community engagement letter can significantly influence community members’ attitudes toward a proposed mining development, highlighting the importance of mining companies having concrete community engagement plans in place and demonstrating strong commitment to regulatory requirements right at the beginning.

Danielle Charbonneau & Valerie M. Wood, Antecedents and Outcomes of Unit Cohesion and Affective Commitment to the Army, 30 Military Psychol. 43 (2018), https://www.tandfonline.com/doi/abs/10.1080/08995605.2017.1420974.

Group cohesion and affective commitment have shown to have critical relevance to military organizations in particular. The relationship between cohesion and affective commitment is established, and the two constructs share a number of common organizational antecedents and employee outcomes. The authors explored the relationship between cohesion and affective commitment in a model that incorporates antecedents (effectiveness of immediate leadership and procedural justice) and consequences (organizational citizenship behaviors [OCBs] and turnover intentions) common to both. Respondents (N = 714, 102 women, 612 men) were Canadian Army personnel. The models suggest that cohesion partially mediates the relationships between (a) perceptions of immediate leadership and affective commitment to the Army and (b) perceptions of unit procedural justice and affective commitment to the Army. Furthermore, affective commitment to the Army partially mediates the relationship between unit cohesion and turnover intentions but fully mediates the relationship between unit cohesion and OCBs. This model helps explain some common variance between unit cohesion and organizational affective commitment.

New Thinking and Interpretations

Sarah Nutter et al., Weight Bias as a Social Justice Issue: A Call for Dialogue, 59 Can. Psychol. 89 (2018), http://psycnet.apa.org/record/2017-52449-001.

Weight bias is pervasive, impacting the lived experiences of individuals with large bodies in all areas of society. Weight bias negatively impacts psychological and physical health, and contributes to systemic inequity for individuals with large bodies. Given that counselling psychology has been recognised for its commitment to social justice, it is important to provide examples of the many social justice issues associated with weight bias. The purpose of this article is to position weight bias as an important social justice issue for psychologists, through the lens of 3 social justice perspectives; distributive justice, procedural justice, and ecological justice. We examine the lack of equitable distribution of opportunities and resources for individuals with large bodies in health care, the workforce, education, and within interpersonal relationships. We also discuss the lack of voice provided to individuals with large bodies with regard to the policies and practices that affect them, and the social and environmental forces that systemically influence body weight and weight bias. Finally, we encourage further dialogue between professionals across disciplines about weight bias as a social justice issue in the future design of research, education, and practice.


In the News/On the Web

Procedural Justice/Procedural Fairness: A Bench Card for Trial Judges, http://www.amjudges.org/publications/courtrv/cr53-4/PJ-Bench-Card-Full-Final.pdf.

Dorcas Quek Anderson, Achieving Substantive Justice in Mediation Through Procedural Justice: An Illusory or Realizable Goal? Australian Dispute Resolution Research Network (February 1, 2018), https://adrresearch.net/2018/01/02/achieving-substantive-justice-in-mediation-through-procedural-justice-an-illusory-or-realizable-goal/.

Did You Know?–“Procedural Justice,” POST Commission on Peace Officer Standards and Training, CA.gov, https://post.ca.gov/did-you-know-procedural-justice (last updated January 10, 2018).

Anne R. Harris, For a Culture of Integrity, Focus on Fairness, National Defense Magazine (January 4, 2018), http://www.nationaldefensemagazine.org/articles/2018/1/4/for-a-culture-of-integrity-focus-on-fairness.


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.

Jasmine R. Silver et al., Traditional Police Culture, Use of Force, and Procedural Justice: Investigating Individual, Organizational, and Contextual Factors, 34 Just. Q. 1272 (2017).

Justin Nix et al., Demeanor, Race, and Police Perceptions of Procedural Justice: Evidence from Two Randomized Experiments, 34 Just. Q. 1154 (2017).

Tracey Meares, Policing and Procedural Justice: Shaping Citizens’ Identities to Increase Democratic Participation, 111 Nw. U. L. Rev. 1525 (2017).

Elsa Saarikkomäki, Perceptions of Trust in Policing Among Ethnic Minority Youth in Finland, prepared for presentation at the Scandinavian Research Council for Criminology’s 59th Research Seminar (May 9-11, 2017),.

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, 13 J. Experimental Criminology 293 (2017).

Bernard Chukwukeluo Chine, Procedural Justice, Distributive Justice and Entrepreneural Intention as Correlate of Job Commitment, 6 Afr. Psychologist 98 (2016).

Natasha S. Madon, Kristina Murphy & Elise Sargeant, Promoting Police Legitimacy Among Disengaged Minority Groups: Does Procedural Justice Matter More? 17 Criminology & Crim. Just. 624 (2017).

Sarah Vidal et al., Adolescents' Legal Socialization: Effects of Interrogation and Miranda Knowledge on Legitimacy, Cynicism, and Procedural Justice, 15 Youth Violence & Juv. Just. 419 (2017).

Erika K. Penner, Catherine S. Shaffer & Jodi L. Viljoen, Questioning Fairness: The Relationship of Mental Health and Psychopathic Characteristics with Young Offenders' Perceptions of Procedural Justice and Legitimacy, 27 Crim. Behav. & Mental Health 354 (2017).

Kuk-Kyoung Moon, Determinants and Consequences of Organizational Justice Climate in the U.S. Federal Government (May 2016) (unpublished Ph.D. dissertation, University of Georgia).