\u201cTruly free consent\u201d? Clarifying the nature of police legitimacy using causal mediation analysis

Krisztián Pósch,Jonathan Jackson,Sarah Macqueen,Ben Bradford

doi:10.1007/s11292-020-09426-x

Abstract

ObjectivesTo test whether normative and non-normative forms of obligation to obey the police are empirically distinct and to assess whether they exhibit different dynamics in terms of the downstream effects of police-citizen contact.MethodsAnalysing data from the Scottish Community Engagement Trial of procedurally just policing, we use natural effect modelling for causally ordered mediators to assess causal pathways that include—but also extend beyond—the experimental treatment to procedural justice.ResultsNormative and non-normative forms of obligation are empirically distinct. Normative obligation to obey the police is sensitive to procedurally just or unjust police behaviour, and influences cooperation with the police and traffic law compliance in a way that is consistent with procedural justice theory. Non-normative obligation to obey the police is ‘sticky’ and unresponsive.ConclusionsLegitimacy can resonably be defined partly as normative obligation with its expected beneficial downstream effects, so long as it is measured properly.

Highlights

We evaluate the relationship between nonnormative obligation and the treatment, procedural justice, personal sense of power, normative obligation, cooperation with the police and compliance with traffic laws
In addition to finding that normative and non-normative obligation to obey the police are empirically distinct, normative obligation proves to be sensitive to procedurally just or unjust police behaviour in the ways expected by procedural justice theory (PJT). On this basis, that normative obligation to obey the police—measured using new indicators in the current context of road policing in Scotland—has qualities consistent with Tyler’s (2006a, b) conceptual definition of police legitimacy, i.e. the internalization of the moral value that one should obey the police because that is the right thing to do (Trinkner 2019)
The pathways from the treatment to willingness to cooperate with the police that flow through normative obligation reflect the idea that police behaviour can enhance or weaken deference to those who enforce the law and deference may motivate a willingness to cooperate because (a) people are aware that the police want citizens to report crimes and provide information important to the investigation and (b) deference means allowing police to dictate appropriate behaviour in proactive as well as reactive ways

Summary

Methods

Analysing data from the Scottish Community Engagement Trial of procedurally just policing, we use natural effect modelling for causally ordered mediators to assess causal pathways that include—and extend beyond—the experimental treatment to procedural justice. Results Normative and non-normative forms of obligation are empirically distinct. Normative obligation to obey the police is sensitive to procedurally just or unjust police behaviour, and influences cooperation with the police and traffic law compliance in a way that is consistent with procedural justice theory. Non-normative obligation to obey the police is ‘sticky’ and unresponsive

Conclusions

Introduction

Design

Results

Conclusion