Procedural Justice Framework Research Articles

Creating procedural justice and legitimate authority within school discipline systems through youth court

AbstractSchools' ability to manage student misbehavior rests largely on students' perceptions of the discipline system and authority. According to the procedural justice perspective, when schools use discipline practices students perceive as unfair, they fail to see authority as legitimate, making them less likely to comply with rules and demand. Youth Court, a peer adjudication program, has been implemented in schools as an alternative to punitive policies. While effective, there is no current research that examines if Youth Court creates procedural justice and legitimate authority. Using qualitative data from three urban schools, this study investigates the fairness of Youth Court procedures within a procedural justice framework, as well as perceptions of primary discipline practices and authority. Findings revealed that each school still largely uses punitive policies that create procedural unfairness and undermine legitimate authority. Additionally, findings indicate Youth Court utilizes practices that allow for procedural justice that foster legitimate authority.

Gender and mental health: An examination of procedural justice in a specialized court context.

The procedural justice framework has been applied in the criminal justice contexts of policing, corrections, and courts. According to this perspective, fair treatment, respectful dialogue and being given a proper voice will contribute to citizens' positive views of authority figures. While this literature has grown immensely, several questions remain unanswered. Do males and females perceive similar levels of procedural justice? Does mental health status influence perceptions of fair treatment? Whether procedural justice is a general perspective that can be applied across social groupings has important implications for correctional treatment in that programs that truly "work" for all are more cost-effective. Toward that end, the current study investigates the relationships among procedural justice perceptions, gender, and mental health status in specialized drug courts, a context that has received little empirical attention. We do so using secondary data originally collected between 2003 and 2009 for Rossman, Roman, Zweig, Rempel and Lindquist's Multisite Adult Drug Court Evaluation (MADCE). Results from a full-sample analysis reveal that women report higher levels of procedural justice; that drug court participation significantly influences procedural justice perceptions; and that depressive symptomology is a significant predictor of procedural justice perceptions. In male- and female-specific subsamples, drug court participation exerts similar effects for males and females, as does depressive symptomology. Implications for theory, research, and practice are discussed.

Does the Effect of Justice System Attitudes on Adolescent Crime Vary Based on Psychosocial Maturity?

Adolescents who view the justice system negatively are prone to commit crime. Simultaneously, youth who have difficulty regulating their behavior are likely to commit crime. Using a longitudinal sample of 1,216 male adolescents (ages 13-17) who had been arrested for the first time, were racially/ethnically diverse, and were drawn from three U.S. states, this study incorporated a developmental perspective into the procedural justice framework to examine whether psychosocial immaturity moderated the effect of justice system attitudes on youth crime. Attitudes toward the justice system were associated with reoffending among psychosocially mature youth, but not among psychosocially immature youth. This developmental perspective indicates that psychosocially immature youth who have difficulty regulating their behavior may be at risk of engaging in crime regardless of how they perceive the justice system.

The Importance of Being Satisfied

Researchers have documented the negative consequences of police-initiated contact for youth including increased delinquency. The procedural justice framework suggests this delinquency amplification is due, in part, to the negative consequences of police contact on evaluations of the police. Using four waves of data, we explore the multiple ways in which being stopped or arrested and procedural injustice act in concert to affect later delinquency. We also assess how these effects differ based on youth’s evaluations of their police encounters. Our findings indicate that the total effect of being stopped or arrested on delinquency depends on the youth’s level of satisfaction with the encounter. In addition, procedural injustice mediates some of the effect of contact on delinquency, but its relationship with delinquency is not direct. We conclude that the negative consequences of being stopped or arrested are mitigated, but not eliminated, when contact is perceived favorably.

Environmental Justice in Appalachia: Procedural Inequities in the Mine Permitting Process in Southeast Ohio

Abstract This paper examines the permitting process for a coal strip mine in Southeastern Ohio using a distributive and procedural environmental justice framework. A permit application to mine Joy Hollow, a site in rural Athens County, was submitted to the Ohio Division of Mineral Resources Management in 2011. The permit applicant promised the mine would bring jobs and environmental restoration to the Appalachian region already damaged by previous rounds of coal mining. Landowners in favor of the mine leased their property to the mining company, while others living near the proposed mine site opposed it. The opposing groups engaged in the familiar “economy versus environment” debate; however, both groups used ecological narratives to justify their positions. We used semi-structured interviews, participant observation, and document analysis to determine that proponents and opponents of the mine both faced distributive injustice in the form of environmental damage to their hollow from earlier mining activit...

Truly Free Consent? On the Nature of Duty to Obey

Legitimacy is generally seen as an unqualified social good. On the one hand, legitimacy tames power; to gain legitimacy in the eyes of citizens, institutional actors need to act in normatively appropriate ways. On the other hand, legitimacy minimizes the need for coercive forms of social control; when people view an institution as legitimate, they will comply and cooperate because they feel a moral duty, not because they fear punishment. Yet, scholars have recently questioned whether prior studies have conflated a normatively-grounded sense of “truly free consent” with a more instrumental motivation to obey external authority. This is an important critique. If measures of legitimacy capture a sense of fear, powerlessness and “dull compulsion,” then we may be misunderstanding the normative significance of legitimacy in policing policy and practice. Drawing on data from a randomized controlled trial of procedurally just policing in Scotland, we provide the first sustained empirical assessment of the nature of normative (consensus-based) and instrumental (coercive-based) forms of obligation to obey. Placing both forms of obligation in a procedural justice framework, we find that procedural justice seems to increase normative obligation and decrease instrumental obligation. We also show that consensual obligation is strongly and positively related to procedural justice, social identity, normative alignment and proactive cooperation, and that coercive obligation is moderately and negatively related to the same diagnostic constructs. We conclude with the idea that consent-based obligation can reasonably be included in the legitimacy concept, so long as the measures capture a sense of moral duty.

Historical paths of environmental injustice: a century of placing industrial facilities in Helsinki, Finland

The article explores the historical process of creating unjust environmental conditions in one geographical area in the Finnish capital, Helsinki. The study traces back the decision-making processes about placing environmentally burdensome, communal facilities, such as power plants, waste disposal and other infrastructural facilities. Also the lack of environmental amenities is investigated. The study covers a time period from the latter half of the nineteenth century to the 1980s. The historical analysis of the development of land-use decisions in the city is based on documentary and archival sources about the decision-making processes and it is conducted in the framework of distributive and procedural environmental justice. Four different periods of siting policies are identified. The motives for land-use decisions at each phase reflect geographical, political and historical reasoning. The concept of path dependency is introduced to explain, how environmental injustices were reproduced because of past paths of siting policies locked in subsequent decisions and created a negative twist of accumulating environmental burden.

Police perceptions and contact among people with mental illnesses: Comparisons with a general population survey.

Though studies have surveyed police officers' perceptions of people with mental illnesses (PMI), few have examined perceptions held by PMI regarding the police, and none have compared them with those held by the general population. This study sought to (a) examine perceptions of police held by PMI, (b) compare them to perceptions held by the general population, and (c) explore whether differences between PMI and general population perceptions are attributable to contact with the police in the past year. We drew data from a survey of 244 PMI and the 2009 Canadian General Social Survey (GSS) (Brennan, 2011). Both surveys administered the same items querying perceptions of and contact with the police in the prior 12 months. GSS participants were individually matched to PMI participants on sociodemographic characteristics (n = 225 per group). Overall, participants held fairly positive perceptions of the police, but perceptions held by GSS participants were more positive than those held by PMI participants. PMI participants were more likely than GSS participants to have contact with the police in the prior 12 months. In multivariate models, perceptions differed between PMI and GSS participants for police performance in being approachable and treating people fairly, and overall confidence in police; police contact was not associated with perceptions nor did it moderate effects of participant group. Consistent with the procedural justice framework, fair and equitable treatment appears to be of primary relevance to PMI perceptions of the police. Further efforts are needed to improve PMI perceptions of the police in these areas.

Perceptions and experiences of people with mental illness regarding their interactions with police

This study examined the perceptions and lived experiences of people with mental illness in relation to their interactions with the police. A community-based participatory research approach was used and a procedural justice theoretical perspective guided the study. In-depth, semi-structured interviews were conducted by peer researchers with 60 people with mental illness who had interacted with the police and were living in Metro Vancouver, Canada. Among the study participants, contact with the police was frequent and occurred under a diverse range of circumstances. The majority of participants perceived being treated in a procedurally just manner by the police officer(s) who were involved in their most recent interaction. Almost three-quarters (n=43, 72%) of participants were generally satisfied with how the police officer(s) had handled their most recent interaction. The slight majority of participants (n=30, 51%) rated their previous contacts with the police as a positive experience overall, with 32% (n=19) indicating that their previous interactions with the police were negative life experiences. The findings paint a more balanced picture than that which is often portrayed by the media. Emphasizing a procedural justice framework for police handling of situations involving people with mental illness is a vital step toward improving how these interactions are experienced and perceived.

Environmental justice and citizen perceptions of a proposed electric transmission line

This research sought to understand public perceptions of the decision-making process over a controversial high-voltage electric transmission line proposed in New Hampshire in the northeastern United States. These perceptions were gauged through an analysis of comments made by citizens during public meetings held for the project. The findings show that while public managers, utilities, and developers often cite the physical aspects of energy projects (e.g. esthetics, health impacts, property values) to explain public opposition, a core public concern is the quality of the decision-making process. Drawing from a procedural justice framework, this case study illustrates the importance of the decision-making process to understand citizen opposition to energy infrastructure proposals. These findings will be useful to energy planning practitioners and those seeking to improve citizen participation processes.

A Taste for Justice: Unpacking Identity Politics in a Nascent Democracy

This article examines attention to justice cues in the novel context of the nascent democracy of Tanzania. Using secondary national survey data, we illustrate Tanzanian citizens' attention to justice cues. We then test two competing hypotheses about the impact of religious identity on attention to justice cues. The first hypothesized model, based on System Justification Theory, predicts that subordinate group members (Muslims) will stay more loyal than dominant group members (Christians) to their government due to a decreased attention to justice cues. The second hypothesized model, based on the relational model of procedural justice, predicts that subordinate group members (Muslims) will dissent more than dominant group members (Christians) from their government due to an increased attention to justice cues. Multiple regression and mediational analyses indicate support for the procedural justice framework, with trust in the dominant political party mediating the relationship between process satisfaction and party identification. Implications for political and psychological theorizing about democratic processes will be discussed.

Hip-Hop and Procedural Justice

Despite its popularity, hip-hop has remained one of the most woefully underexamined topics within criminal justice and criminology. Given the reality that hip-hop music represents lyrical expressions from criminal justice’s most overrepresented population; the aforementioned paucity is all the more perplexing. Utilizing a latent and manifest content analysis of a random sample of 200 hip-hop songs, drawn from platinum-selling albums between the years 2000 and 2010, the current study examined the manner and extent to which hip-hop artist’s portrayed the criminal justice system. The results demonstrated that law enforcement was the branch of the criminal justice system most likely to be mentioned by hip-hop artists (58.27% of mentionings) followed by corrections (33.81%) and courts (7.91%). Subthemes that emerged from hip-hop discussions of law enforcement and corrections are also discussed. Unfairness and powerlessness inductively emerged as the two general themes from the hip-hop criminal justice portrayals and are discussed within a procedural justice framework. Suggestions for future research and policy implications are put forth.

Examining macro-level impacts on procedural justice and police legitimacy

PurposeMany studies have lent empirical support to the procedural justice model of police legitimacy; however, there has, as yet, not been widespread consideration of the potential impact of neighborhood- and community-level factors on people's perceptions of procedural justice or police legitimacy. The present study integrates the macro-level policing literature with the psychological-based procedural justice framework to uncover what effects, if any, the sociostructural environment has on procedural justice and police legitimacy. MethodsHierarchical linear modeling integrates census and survey data within a single, mid-sized city. ResultsConcentrated disadvantage exerted a marginally-significant impact on procedural justice, and on police legitimacy while controlling for procedural justice. Procedural justice remained the strongest predictor of legitimacy, even when accounting for macro-level characteristics. ConclusionsThe effect of procedural justice on police legitimacy appears to be robust against the deleterious impacts of concentrated disadvantage. This has implications for procedural justice research, theory, and policing.

An ethical approach to climate adaptation finance

This article develops a framework of procedural and distributive justice specifically tailored to the international-level funding of adaptation based on the assumptions that the ethical contents of such funding should consist of a fair process which involves all relevant parties, that adaptation funds should be raised according to the responsibility for climate impacts, and that the funds raised should be allocated by putting the most vulnerable first. In particular, after underlining the usefulness and possibilities of an ethical approach to climate adaptation finance, the article, in defining the framework of justice, first explores and justifies principles of procedural and distributive justice, and on their basis advances fairness and equity criteria that serve as benchmarks for assessing the ethical contents of international adaptation funding. Then, in order to test the robustness and investigative potential of the framework of justice developed, the article uses its fairness and equity criteria to evaluate the procedural and distributive justness of some climate adaptation finance architectures.

Applying Procedural Justice Theory to Law Enforcement's Response to Persons With Mental Illness

Procedural justice provides a framework for considering how persons with mental illness experience interactions with the police and how officer behaviors may shape cooperation or resistance. The procedural justice perspective holds that the fairness with which people are treated in an encounter with authority figures (such as the police) influences whether they cooperate or resist authority. Key components of a procedural justice framework include participation (having a voice), which involves having the opportunity to present one's own side of the dispute and be heard by the decision maker; dignity, which includes being treated with respect and politeness and having one's rights acknowledged; and trust that the authority is concerned with one's welfare. Procedural justice has its greatest impact early in the encounter, suggesting that how officers initially approach someone is extremely important. Persons with mental illness may be particularly attentive to how they are treated by police. According to this framework, people who are uncertain about their status (such as members of stigmatized groups) will respond most strongly to the fairness by which police exercise their authority. This article reviews the literature on police response to persons with mental illness. Procedural justice theory as it has been applied to mental health and justice system contexts is examined. Its application to encounters between police and persons with mental illness is discussed. Implications and cautions for efforts to improve police response to persons with mental illness and future research also are examined.

Applying Procedural Justice Theory to Law Enforcement's Response to Persons With Mental Illness

Applying Procedural Justice Theory to Law Enforcement's Response to Persons With Mental Illness

Management and governance processes in community health coalitions: a procedural justice perspective.

Community-based coalitions are a popular strategy for promoting community health despite the fact that coalitions often fail to achieve measurable results. Using a procedural justice framework, this study seeks to advance knowledge about the relationship between coalition governance and management processes and indicators of coalition functioning. Member survey data from 25 coalitions participating in the Community Care Network Demonstration Program were analyzed using two-stage least squares regression. Results show that personal influence in decision making. decision process clarity, and collaborative conflict resolution were significantly associated with procedural fairness perceptions. Procedural fairness perceptions, in turn, were positively associated with member satisfaction with coalition decisions, but not personal engagement in the coalition or organizational integration of coalition goals and activities. Personal influence in decision making and collaborative conflict resolution also exhibited direct relationships with all three indicators of coalition functioning examined in the study.

Policies, Procedures, and People: Sources of Support for Government?

Objective. Many have written about the public's low opinion of the federal government; however, the theoretical sources and consequences of political trust have been empirically elusive. Drawing on the procedural justice framework, this study investigates the structure and consequences of people's mistrust of the federal government. Methods. Using data from various years of the National Election Study (NES), this research investigates the relationship between policy, procedural, and personal concerns and support of government. Results. Judgments about policy outputs, the process by which these policies develop, and the people involved in this process are shown to be sources of governmental trust, and certain aspects of trust are shown to have important behavioral consequences. Conclusions. These findings help to explain the failure of previous research into the causes and consequences of political trust. The various policy and process judgments that the NES Index combines play important independent roles in explaining political trust itself and its relationship with political behaviors and other attitudes.

Managed care and the imperative for a new professional ethic.

Physicians complain about the growth of managed care structures and strategies and their effects on treatment autonomy and medical professionalism. Organizational changes and a competitive marketplace make the traditional view less relevant today. New concepts of professionalism are needed that recognize constraints and include patient advocacy within a framework of procedural justice, responsibility for population health, new patient partnerships, and participation in an evidence-based culture. Such changes require more focused efforts in medical education to support the new professionalism.

MNC subsidiary performance, risk, and corporate expectations

This paper is an empirical test of the autonomy–procedural justice framework using a sample of 265 manufacturing subsidiaries of multinational corporations; the subsidiaries are located in Scotland, Wales, Ulster and the Republic of Ireland. A four group solution emerges that appears to be both robust and insightful. The framework is validated across a range of industry norms and corporate expectations, and a number of implications are developed.