Notions of fairness and respect are relatively uncontroversial aims for the criminal justice system, but implementing practices that support these ends can be challenging. The Center for Court Innovation—in partnership with the U. Department of Justice's Bureau of Justice Assistance and the National Judicial College—has spent the past two years developing and piloting a curriculum to help judges and other court players to translate the precepts of procedural justice into daily practice.
To date, project activities have included the convening of a national working group, the development and piloting of a one-day training, issuing a national solicitation for additional training sites, and the development of an online learning system based on the curriculum. The unfortunate reality is that court proceedings—like other stages in the criminal justice process—can be confounding and dehumanizing experiences.
Courtroom actors do not deliberately attempt to cause confusion or undermine confidence in the system, of course—they are simply trying to communicate complex, technical information as quickly as possible. There are numerous real-world obstacles to effective communication, including overwhelming caseloads and increasing cultural and linguistic diversity among court participants.
Procedural justice provides a platform to begin addressing some of these shortcomings. In courts, among other things, this takes the form of rethinking how courtroom rules are posted, explained, and enforced, or how court clerk or court officers provide information while court is in session.
There are countless analogs from the court environment that are applicable to other justice system players, including law enforcement. Below are a few strategies for implementation that can be applied by police departments to enhance procedural justice: Humanize the experience: Appearing approachable and accessible is a key component of procedural justice. When interviewing suspects or witnesses, make eye contact and use body language to convey respect.
Thank citizens for their cooperation with the process as a means of yielding increased cooperation in the future. Explain what you're doing and why: For many individuals, a routine traffic stop or other interaction with law enforcement can be a traumatic event. The legal jargon and procedures familiar to practitioners in the field can be confusing and intimidating to the average person. For example, when issuing a summons, clearly explain the process for appearing in court to resolve the matter—including providing directions to the courthouse, if and how a lawyer will be provided, and whether there are options to resolve the matter by mail or online.
Jonathan-Zamir, T. The effects of security threats on antecedents of police legitimacy: Findings from a Quasi-experiment in Israel. Journal of Research in Crime and Delinquency, 50 1 , Ward, J. Caught in their own speed trap: The intersection of speed enforcement policy, police legitimacy, and decision acceptance. Police Quarterly, 14, Hasisi, B. Going beyond ascribed identities: The importance of procedural justice in airport security screening in Israel. Law and Society Review, 45 4 , Wylie, L.
Assessing school and student predictors of weapons reporting. Youth Violence and Juvenile Justice, 8, Peffley, M. Justice in America: The separate realities of Blacks and Whites.
New York: Cambridge University Press. Kubrin, Charis E. Criminology, 48 1 : Wales, H. International Journal of Law and Psychiatry, 33, Hough, M. Procedural justice, trust, and institutional legitimacy. Policing , 4 3 , Alexander, M. The New Jim Crow. New York: The New Press. Bayley, D. The changing environment for policing, New Perspectives in Policing.
Legitimacy and criminal justice: The benefits of self-regulation. Ohio State Journal of Criminal Law, 7 , Tankebe, J. Self-help, policing, and procedural justice: Ghanaian vigilantism and the rule of law. Law and Society Review, 43 2 , Procedural justice, legitimacy and prisoner misconduct. Psychology, Crime and Law, 15 1 , Nurturing regulatory compliance: Is procedural justice effective when people question the legitimacy of the law?
Regulation and Governance, 3 1 , Hinds, L. Youth, police legitimacy and informal contact. Journal of Police and Criminal Psychology, 24 1 , Public satisfaction with police: Using procedural justice to improve police legitimacy.
Norman, J. Seen and Not Heard. Policing, 3 4 , Procedural justice, police legitimacy, and helping the police fight crime. Police Quarterly, 12 1 , Legitimacy in policing. Research Preview. Stuart, J. Procedural justice in family conflict resolution and deviant peer group involvement among adolescents.
Journal of Youth and Adolescence, 37 6 , Encouraging public cooperation and support for police. Policing and Society, 18 2 , Procedural justice and compliance behaviour: The mediating role of emotions.
European Journal of Social Psychology, 38 4 , Legitimacy And Cooperation: Why do people help the police fight crime in their communities? Ohio State Journal of Criminal Law, 6, Legitimacy and cooperation: Why do people help the police fight crime in their communities.
Ohio St. Abuwala, R. The effects of the Harlem housing court on tenant perceptions of justice. New York: Russell Sage Foundation. Law and Society Review, 41 3 , Lentz, S. Journal of Criminal Justice, 35 1 , Building police-youth relationships: The importance of procedural justice. Youth Justice, 7 3 , Farole, D. New York: Center for Court Innovation.
Horowitz, J. Journal of Empirical Legal Studies, 4 2 , Justice in focus: The strategic plan for California Judicial Branch, Psychological perspectives on legitimacy and legitimation. Annual Review of Psychology, 57, Why people obey the law. Shute, S. A fair hearing? UK: Willan. MacCoun, R. The goal of this course is to reintroduce the principles of procedural justice, gain a deeper understanding of the core concepts of police legitimacy, and build better relationships within the communities that we serve via the use of visual and scenario-based training.
Read More. The goal of this course is for law enforcement officers to understand and employ the core concepts of police legitimacy and procedural justice in order to build better relationships with the communities they serve.
One focus of procedural justice is how police act when they engage with the community, but why they engage could matter even more.
Jonathan Blanks, writing in the Case Western Reserve Law Review, argues that certain types of legal police engagement, no matter how friendly or polite, may still undermine procedural justice. Blanks explains this concept through the example of the pretextual stop, which he says fundamentally violates trust and good faith between police and community. Stockton Chief of Police Eric Jones published his thoughts on what he calls "principled policing" and how the Stockton Police Department is using that concept to build trust with its community and enhance public safety.
The Department of Justice, Office of Justice Programs has developed a document to assist in the understanding of issues related to fines, fees, and other financial obligations. The guide contains links to various other publications to serve as case studies, reform guidance, and more.
The California Partnership for Safe Communities, in conjunction with the CA Department of Justice, police and community leaders, and researchers at Stanford University have produced "an innovative training curriculum to promote procedural justice and address implicit bias.
Procedural Justice focuses on the way police and other authorities interact with the public and how those interactions can shape the public view of police. The Department of Justice's Office of Community Oriented Policing Services, in partnership with the Vera Institute of Justice and the National Organization of Black Law Enforcement Executives, has released a series of guidebooks intended to serve as a tool for all levels of law enforcement.
This is one in a series of three guides, all of which can be found in the "Tools and Guides" section of the National Initiative website. In the past several years, incidents between community members and the police have highlighted what many have been feeling for a long time — a lack of a sense of police legitimacy. This comprehensive report, published in Psychological Science in the Public Interest, reviews findings from psychological science highlighting the positive impacts of police legitimacy on police-community relations.
This forum was the first in a series of forums focusing on building trust between law enforcement and the communities they serve. This publication, recently published by COPS at DOJ, is a great outline of the first of many forums to focus on building trust between law enforcement and the communities they serve.
Click here to view and download the PowerPoint. This new toolkit provides practical tools and resources to assist law enforcement agencies in building or enhancing effective operational responses to children exposed to violence with or without a mental health partner.
This toolkit contains tools targeted to police leaders and frontline officers. They discussed strategies that have been used successfully to develop communities of trust and identified challenges facing law enforcement and the community. This toolkit collects some of the most successful strategies, and tools for engaging communities of color, here defined as people of African, Latino or Hispanic, Native American, Asian, or Pacific Island descent.
Communities of color have faced many decades of real and perceived mistreatment by the justice system and law enforcement, leading to fear, anger, resentment, and distrust.
Communities of color often feel marginalized and mistreated. Recognizing and responding to mistrust lies at the heart of building stronger community-police relationships. This requires a variety of resources, protocols, policies, strategies, and training. Communities of color and police must continue to join forces to create safe environments.
In this toolkit we share a number of promising programs working to improve community-police relations on a daily basis. The National Initiative for Building Community Trust and Justice is a project to improve relationships and increase trust between communities and the criminal justice system and advance the public and scholarly understandings of the issues contributing to those relationships.
In September , the U. For example, fewer than half of all survey respondents believe that police officers are responsive to community concerns and are held accountable for misconduct.
Similarly, more than half of those surveyed agreed that officers judge local residents "based on personal biases or prejudices" and that they treat people differently based on their race or ethnicity. Despite this high degree of mistrust, law enforcement and communities of color share common ground, with many residents willing to serve as active partners in crime prevention. More than 60 percent of respondents said they would report crimes or suspicious activities to police and about half said they would attend community meetings to discuss crime prevention.
Bottoms, Anthony, and Justice Tankebe. Beyond procedural justice: A dialogic approach to legitimacy in criminal justice. Journal of Criminal Law and Criminology Influential article that draws on the wider social and political science literature to extend conceptual understandings of procedural justice and legitimacy within policing and prisons. The authors convincingly argue for a dialogic and relational approach to legitimacy, focusing on power holder and audience legitimacy.
They suggest that legitimate power holders communicate the shared beliefs and values of a society through the dialogue they use to interact with citizens. Policing and procedural justice: A state-of-the-art review. Policing DOI: This paper systematically reviews literature on procedural justice in policing.
It uses forty-six studies to draw two key conclusions. First, citizen perceptions of procedural justice positively affect police legitimacy, satisfaction, trust, and confidence. Second, a procedurally just organization increases organizational commitment, trust, and job satisfaction among police officers.
Procedural justice is thus considered both internally and externally important for police officers and their organizations. Legitimacy in policing: A systematic review. Campbell Collaboration Library of Systematic Reviews 9. This systematic review and meta-analysis synthesizes empirical research on procedurally just approaches to improving police legitimacy.
Drawing on forty-one independent evaluations, the authors conclude that procedural justice is an effective means through which to improve citizen satisfaction, confidence, cooperation, and compliance with police. Their review identifies a lack of randomized experiments that isolate and test the components of legitimacy within policing interventions. Nagin, Daniel, and Cody Telep. Procedural justice and legal compliance. Annual Review of Law and Social Science — Nagin and Telep critically review the existing literature to examine whether procedural justice increases citizen compliance with the law, emphasizing that perceptions of procedurally just treatment are highly aligned with perceptions of legitimacy.
They question whether causal connections can be made between procedural justice and compliance, and identify three key areas for future research. The article provides an excellent overview of current issues within procedural justice research and practice.
Solum, Lawrence B. Procedural justice. Southern California Law Review Develops and problematizes procedural justice. Presents and critiques three models accuracy, balancing, and participation as the basis of a comprehensive procedural justice theory. Explores this specifically within the context of case law and commentary. A useful resource on procedural justice within the context of law.
Thibaut, John, and Laurens Walker.
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