Principles Of Procedural Justice Research Articles

Understanding the Interplay of Race in the Criminal Justice System

Purpose: The purpose of this study was to investigate and understand the interplay of race in the criminal justice system. Methodology: The study adopted a desktop research methodology. Desk research refers to secondary data or that which can be collected without fieldwork. Desk research is basically involved in collecting data from existing resources hence it is often considered a low cost technique as compared to field research, as the main cost is involved in executive’s time, telephone charges and directories. Thus, the study relied on already published studies, reports and statistics. This secondary data was easily accessed through the online journals and library. Findings: The findings reveal that there exists a contextual and methodological gap relating to the interplay of race, class and gender in the criminal justice system. Preliminary empirical review revealed that that pervasive racial disparities exist within this institution, as evidenced by disproportionate treatment of racial minorities at various stages of the criminal justice process. It found that despite efforts to promote fairness and equity, implicit biases and systemic racism continued to influence decision-making, leading to disparities in arrests, prosecutions, and sentencing. The study highlighted the interconnectedness of race with other social factors such as socioeconomic status and neighborhood characteristics and underscored the urgency of implementing evidence-based interventions and policy reforms to address racial disparities effectively. Recommendations included diversifying law enforcement agencies, implementing implicit bias training programs, and reforming sentencing guidelines to promote fairness and reduce disparities in incarceration rates. Unique Contribution to Theory, Practice and Policy: The Critical Race theory, Labeling theory and Structural Functionalism may be used to anchor future studies on the interplay between race and the outcomes within criminal justice. The study provided recommendations that contributed to theory, practice, and policy. It integrated critical race theory into the analysis to explore systemic racism's role in perpetuating racial disparities. Practically, evidence-based policing strategies and procedural justice principles were emphasized, alongside community policing initiatives and accountability measures to address bias and misconduct. Policy recommendations included reforming sentencing laws, investing in alternatives to incarceration, and addressing social determinants of crime. The study contributed to theory by examining intersecting identities' impact and advocated for community-driven interventions, trauma-informed approaches, and reforms to reduce racial bias and enhance accountability within the criminal justice system.

Study of the Effect of Procedural Justice on Performance

This paper aims to identify research trends on procedural justice on performance globally. The method used in this study is qualitative research with a bibliometric analysis. As for the data found, 122 documents were obtained and analyzed from 2014-2023. This dataset was converted to CSV format and for Bibliometrix in the analysis using VOSviewer. The study included publication distribution year, country, keywords, and authors. The findings of this research showed that the research trend from 2014 to 2023 Experienced a significant increase in interest and research related to procedural justice on performance. The United States is the country that contributes the most research publications, research trends show an increasing focus throughout this decade. The increasing focus on procedural justice on performance reflects a paradigm shift in understanding and dealing with the challenges and opportunities faced by organizations in applying the principles of procedural justice used in organizations to their employees. The main limitation of this study should be considered - the use of data derived only from the Scopus database. This paper reveals research trends and areas of procedural justice on performance over the past few years. The results can help organisations to quickly understand procedural justice in performance research. This paper also provides an alternative approach in conducting literature reviews with qualitative research analysis tools that were previously widely adopted in various disciplines and are relatively new compared to conventional systematic literature

The Concept of Social Justice in Mine-Host Community Involvement and Benefit Accrual: Reflections from Mineral Extraction in Zimbabwe

Minerals play a vital role in societal and economic growth. As finite and non-renewable resources, minerals inevitably diminish upon extraction. Consequently, there is an expectation that the extraction process should involve and benefit the local communities hosting these resources. Despite expectations of benefitting local communities, mineral extraction often results in more economic, social, and environmental burdens than advantages for them. This contribution is centred on a theoretical inquiry, employing the concept of social justice to explore and mitigate the disparities in the distribution of costs and benefits experienced by mine-host communities. It aims to balance the inequities, emphasising the principles of distributive, procedural and remedial justice to reconcile the losses and gains in a fair and equitable manner

Policing social media: Are procedural justice principles guiding Canadian police interactions online?

Police presence on social media has become increasingly common in recent years and has arguably altered policing in many ways. Although research in this area is increasing, the growing presence of police on a range of social media platforms requires further examination of the various nuances that continue to emerge regarding this symbiosis. To that end, only a small number of studies have examined this topic from the perspective of police personnel in the Canadian context. Accordingly, drawing on in-depth interviews with police personnel overseeing police social media sites, this article examines how Canadian police services manage negativity and conflict online. The findings suggest that police services address negativity and conflict on their social media sites by drawing on the principles of procedural justice to guide their interactions. We discuss the implications of these findings and how police–public social media interactions might be improved.

JUDGEMENT, LEGAL ATTEMPT AND EXECUTION OF CRIMINAL LAW IN INDONESIA

The judge's decision must be considered correct until there is a higher decision thatannuls it. The judge's decision must be based on the principles of real justice notmere procedural justice. the judge's decision must be based on the applicable laws and regulations. Sentencing, legal remedies and execution of criminal decisions have been stipulated in the Criminal Code (KUHP). In the implementation of execution against the defendant, supervision is carried out by the judge. This is to ensure that theimplementation is in accordance with the verdict and is carried out properly.

How forcing community resilience in rural communities harms sustainable development

Community resilience is critical to managing the effects of climate change and in achieving the United Nations (UN) Sustainable Development Goals (SDG). Resilient communities are able to manage stressors and recover from them, such as in instances of energy service outages. Instances like these can lead to communities that feel forced to exhibit individual characteristics of resilience, such as neighbors relying on each other in times of need because history has shown them that they cannot rely on outside institutions for help. Communities may adopt factors of individual psychological resilience in the face of energy service outages because they lack structural support to exhibit community resilience or to pursue resilient energy systems. This lack of access to support and resources is in conflict with principles of procedural justice and energy sovereignty while reinforcing institutional mistrust within affected communities and contributing to social vulnerability. This article contemplates and expounds on the idea of coerced resilience in the face of energy service outages and severe weather within a rural, remote community in Michigan’s Upper Peninsula (UP). The UP is located at the tail end of electricity infrastructure, putting its residents at increased risk of experiencing energy service outages that are further complicated by its isolation and severe winter weather. We examine the idea of coerced resilience, its relation to social vulnerability, and how it conflicts with concepts of energy justice and the UN’s SDG. We further go on to highlight how certain populations and youth can minimize instances of coerced resilience and contribute to sustainable development making it an important consideration to achieve sustainable development goals.

Procedural justice and forensic mental health: An introduction and future directions.

This article advocates for integrating procedural justice principles into forensic mental health services to enhance patient engagement and autonomy. Procedural justice, broadly defined as fair decision-making processes, is introduced and key principles including voice, neutrality, respect and trustworthiness are described. Evidence suggestive of positive outcomes following procedural justice experiences, such as improved satisfaction, collaboration and reduced perceptions of coercion is outlined. Practical applications are suggested, including staff training and reflective practices using procedural justice principles. The article then calls for further research to explore patients' and staff members' experiences of procedural justice in forensic settings, develop measurement tools, undertake intervention studies and establish causal links between procedural justice and outcomes important for forensic patients.

A procedurally just flyer reduces subsequent speeding offences: evidence from the Queensland Speeding Engagement Trial (QSET)

Abstract Objectives The purpose of this study was to test the impact of a procedural justice letter intervention that was delivered with traffic infringement notices on subsequent speeding offences. Method This study used the Queensland Speeding Engagement Trial (QSET) to experimentally test the impact of using the principles of procedural justice within a police issued letter, on individuals detected speeding by cameras. Participants in the control condition (n = 7946) received a speeding infringement notice as per normal while those in the experimental condition (n = 8209) received the procedurally just letter in addition to the speeding infringement notice. Administrative data for the 12 months following the intervention was used to identify if participants engaged in subsequent speeding and other traffic offending behaviours. Results The results indicated that the intervention reduced subsequent speeding offences for drivers 25 years and older in the experimental condition when compared with the control condition. No differences were found for other types of traffic offences. Conclusions Thus, this study demonstrates that the effects of procedural justice (a) can be achieved through purposeful written communication and (b) reduce subsequent offending behaviour.

Designing a Multilateral Investment Court for Procedural Justice

Abstract Working Group III of the United Nations Commission on International Trade Law has embarked on a mandate to reform investor-State dispute settlement (ISDS), through identifying a set of concerns that merit multilateral procedural reform. In response, the EU has proposed creating a standing multilateral investment court. Despite the importance of procedural justice theory in domestic legal systems, its value as a resource in international dispute resolution is under-recognized. This article focuses on procedural justice through the literature on the social psychology of justice, as offering an empirically-based theoretical foundation that helps identify key elements and options in designing investment adjudication. Within ISDS reform, the authors focus on necessary innovations in independence and impartiality, transparency, participation, and correction of error, the key pillars of procedural justice research. The EU proposal suggests substituting a more traditional judicial model of dispute resolution for the current and problematic arbitral model, which aligns to a greater degree with the principles of procedural justice.

‘I Clocked You Going 50 In a 25’: A Discourse-Based Critique Of Police Procedural Justice Research Through A Sequential Exploration Of ‘Voice’ And Excuses In Traffic Encounters

Abstract The police in the United States typically pull over about 19 million drivers a year for routine violations such as speeding and running a stop sign. The verbal exchanges that occur during traffic encounters embody one of the ideal principles of procedural justice: giving citizens an opportunity to speak (voice) before a decision is made. The accounts and excuses that drivers articulate represent the logical outcome of opportunities provided to drivers to explain the reason for their legal violations. This paper examines the accounts and excuses that drivers proffer during routine traffic encounters. The findings indicate that drivers’ responses to police solicitation of accounts fall into three types: remaining ‘silent’ during encounters and forgoing an opportunity to voice their concerns; crafting excuses and apologies in response to the announcement of an infraction; and denial of knowledge. The implications for police procedural justice are discussed.

Spatial justice as a prerequisite for a just transition in rural areas? The case study from the Irish peatlands

Energy production from fossil fuels is gradually phased out as many countries aim to transition to a low-carbon society. As society and technology are intertwined, phasing out fossil fuels impacts people and communities. Especially those who heavily rely on the fossil fuel industry will be worse off. Therefore, calls are being made for ajust transitionthat ensures the rehabilitation of workers, regions, and communities negatively affected by fossil fuel industry closures. We argue that spatial justice can help inform just transition’s theoretical and practical aspects. Therefore, a spatial justice approach should be a prerequisite for a just transition. The concept of spatial justice is intertwined with the social justice principles of procedural, distributive, and restorative justice, which are central to the current conceptual understanding of just transition. We use the case of the closure of peat-based electricity production in rural Ireland to demonstrate how a spatial justice approach can underpin a just transition and how it can help with practicalities like identifying and addressing the issues and concerns in local communities. To ensure a just transition, a spatial justice approach is needed to identify and address the deeper problems affecting the resiliency of rural and mono-industrial regions dependent on fossil fuels.

Global gas flaring and energy justice: An empirical ethics analysis of stakeholder perspectives

Global gas flaring harms human and non-human health and well-being while contributing to climate change. Flaring activity in the global oil and gas sector is a significant matter of energy justice – concerning the distribution of risks, benefits and harms, recognition of rights, and decision-making influence within gas-flaring-affected communities. This mixed method empirical ethical analysis of gas flaring and energy justice combines Q-methodology and stakeholder interviews with representatives of 14 gas-flaring-affected countries (n = 35) to evaluate the context-sensitivity of distributive, procedural, recognition, and cosmopolitan justice principles to gas-flaring governance. Four dominant normative perspectives emerge around this topic. These perspectives concern: a) government-led zero flaring policy; b) multi-scalar economic governance; c) business responsibility and social license; and d) localism and community empowerment. We find that: first, there is strong stakeholder support for zero-flaring globally. Second, coordinated multi-scalar governance from international-national-local regulatory authorities is desired to protect marginalised communities. Third, egalitarian rights-based approaches are prioritised over utilitarian approaches in planning for oil and gas extraction. Fourth, business responsibility necessitates transparent communication of flaring activities and impacts and the Polluter Pays Principle of environmental redress to affected communities. Finally, stakeholder disagreement centres upon the practical mechanisms to achieve just outcomes - including compensation, the role of local authorities, regulatory agencies, Environmental Impact Assessment, and efforts to tackle rent-seeking and corruption. We conclude that further stakeholder engagement is needed on the implementation processes for gas flaring elimination, rather than the goal itself, through carefully facilitated dialogue and negotiation.

A psychometric approach to assess justice perceptions in support of the governance of agricultural sustainability transitions

There is consensus that we need sustainability transitions and increasing acknowledgement that such transitions should be conducted in a just manner. However, what exactly a ‘just transition’ means and how this should be brought about is less clear. Attempts to examine the justice of transitions to date primarily rely on normative interpretations of what justice means. Using the English agricultural transition as a case, we develop an instrument that builds on the underlying dimensions of justice evaluations to provide a tool for decision-makers to gain insights into societal perceptions of what a just agricultural transition means to them. When adapted, this instrument is also valuable for sustainability transitions in other sectors. We establish adequate construct reliability and validity for a number of constructs such as Equality, Entitlement, and Merit as Principles of Procedural Justice, whilst others such as the different Topics of Distributional Justice will need further refinement.

Justice and Inclusiveness: The Reconfiguration of Global–Local Relationships in Sustainability Initiatives in Ghana’s Cocoa Sector

Pressure from the public and non-governmental organisations is pushing lead companies in the cocoa and chocolate sectors towards becoming more environmentally sustainable and socially just. Because of this, several sustainability programmes, certification schemes and delivery initiatives have been introduced. These have changed the relationship between chocolate companies, cocoa exporters, and small-scale farmers. This paper observes how large companies in the cocoa export and consumer markets are shifting away from their traditionally remote position in the cocoa sector. The pressure to ensure sustainability and justice has provoked more mutually dependent relationships with cocoa producers. Our analysis outlines the implications this emerging reconfiguration of global-local relationships has for procedural justice principles of interdependence and refutability, and the distributive justice principles of need and equity. These principles are important because they enable the different dimensions of inclusion: ownership, voice, risk, and reward. This paper highlights and qualifies arrangements surrounding these justice principles that manifest in the way five service delivery initiatives - associated with sustainability programmes and led by major buying companies in Ghana’s cocoa sector – are implemented. We show inclusiveness as an outcome of dynamic global-local relationships that are constantly reworked in response to smallholder farmers’ agency and state regulations. Portraying inclusiveness as an outcome of interactions changes its conceptualisation from a predefined ethical standpoint included in the design of standards to a result of unfolding mutual dependencies, which refashion how inclusive agriculture value chains work.

Justice and Negotiation: Themes and Directions

Abstract This article examines how justice concerns arise during various stages of negotiation with attention paid to contending principles of procedural, distributive, and transitional justice. We review key themes raised by contributors to this special issue. The themes reveal that justice has many facets and surfaces in many contexts. The facets include the role played by voice, the utility of universal definitions of justice, the use of morality arguments, the salience of the equality principle, and the challenges of complex negotiating forums. The contexts vary from single to multiple case analyses. Looking forward, we suggest a number of issues for further research. These include the voice versus exit debate, culturally-sensitive definitions of justice, different forms taken by equality, and how best to develop the skills needed for implementing justice principles. These are a sampling of the issues that pave the way for future scholarship on the role of justice in negotiation.

Crime Reporting and Institutional Reputation of the Police in Mexico

Understanding the determinants of crime reporting is fundamental to developing responsive judicial services that seek to pursue justice while fostering good relations with citizens. Building on Carpenter’s (Carpenter, D. (2014). Reputation and power: Organizational image and pharmaceutical regulation at the FDA. Princeton University Press.) dimensions of reputation and the principles of procedural justice, this article aims to explore the influence of institutional reputation on crime reporting decisions for the Mexican case. To test three hypotheses at an individual level, nested logit models were estimated with information from a victimization survey in Mexico over a 9-year period. Findings suggest that time spent in prosecutors’ offices and the perception of untrustworthiness, related to two of the reputation dimensions described in this study’s framework, are negatively associated to the probability of reporting a crime. Our results have implications for public policy regarding the treatment by the police of the population reporting a crime. This is particularly relevant in regions such as Latin America, characterized by high victimization and the lack of adequate procedural justice in situations of contact between the public and police authorities.

Validity of Mortgage Rights Based on Credit Agreement Aspects

Mortgage is an important part of civil law in economic legal activities. There are four stages of the interweaving of law in this relationship, namely pre-agreement, agreement, authorization of implementation, and the elimination of mortgage. In all these phases, creditors and debtors have equal rights, because the relationship between them is consensual (balanced law) because the parties assume ownership of each other. But in the practice of mortgage rights so far, the creditor takes a dominative position so that the application of the procedure does not provide justice to the debtor. This study provides answers about how to formulate legal renewal so that the relationship of mortgage rights can be intertwined on the basis and principles of procedural justice. This type of research is explanatory, with its empirical normative nature, using sources of normative legal materials and expert opinions. It is hoped that the output of this research is to guarantee academic honesty and provide empirical benefits, which is to be a source of strengthening and law-making for the mortgage and financial rights in Indonesia.
 Keywords: mortgage, credit, agreement

Just another benefit? Administrative judges’ constructions of sameness and difference in asylum adjudications

ABSTRACT This ethnographic study examines how Swedish administrative judges apply the principle of treating like cases the same and unlike cases differently when adjudicating asylum claims. The findings suggest that judges construct asylum claims like citizens’ claims for welfare benefits and unlike protection claims made by citizens. Drawing on Hannah Arendt’s critique of the state-centric foundation of contemporary human rights framework, I demonstrate that the Swedish asylum procedure is structured according to a similar state-centric foundation. Therefore, it reinforces injustices that exist between those who belong to a political community and those who stand outside that community asking to be let in. This study contributes to previous research on asylum adjudication by shedding light on structural injustices embedded within legal practices rather than searching for explanations in extra-legal factors. The implication of this approach is that it makes visible a paradox: that judges’ commitment to procedural justice principles can perpetuate structural injustices.

Anticipatory Regulation: Lessons from fracking and insights for Greenhouse Gas Removal innovation and governance

The UK has incorporated a net-zero emissions target into national legislation. A range of Greenhouse Gas Removal (GGR) options will likely play a key role in the government's strategy toward meeting this goal. Governance frameworks will need to be developed to support GGR development and manage the potential impacts, particularly those on the diverse local communities where the various options will be deployed.This research examines the UK's experience with development and regulation of shale gas - using the technologies of hydraulic fracturing combined with horizontal drilling - with a focus on governance and the implications for the development and widespread deployment of GGR. We evaluate the approach used against the principles of good governance, which emphasizes the critical role that local communities and publics play in deployment.The UK's top-down governance of shale gas highlights the risk of regulation driven by assumptions about national and local need, value and a lack of transparency or meaningful stakeholder participation in decision-making. The use of existing legislative frameworks for conventional fossil fuel extraction proved inadequate to address unanticipated consequences such as induced seismicity. Moreover, the support for unconventional hydrocarbons in UK energy policy appeared inconsistent with the goal of meeting greenhouse gas targets and passing significant legislation in 2019 to bring carbon emissions to net-zero.To gain social acceptance at the local level, deployment of new technologies needs to be evaluated from a variety of framings and viewpoints. Where new technologies or practices are deployed, such as fracking and GGR, the knowledge and understanding of the impacts - a fundamental principle of good governance - may be less certain or more contested. Early inclusion and participation of local communities would allow issues of concern to inform how trials are undertaken and regulation designed. This anticipatory and participatory approach fits with the principles of good governance and procedural justice, which can help build the trust needed to ensure social legitimacy leading to development and implementation of technological innovations.

Sustainability after COVID-19: pillars for a just transition.

The vulnerability of the global economy has been starkly exposed by the COVID-19 pandemic. Longer term thinking and new approaches to development and prosperity are urgently required. In this paper, we forward a series of principles on which economic and development policy for the post-COVID era should be developed. These are outlined as five ‘pillars’ from which to rebuild the global economy, based on principles of a shared sustainable prosperity. These pillars are: (I) an ecological prosperity; (II) a decarbonized economy; (III) a shared cost burden; (IV) a governance new deal; (V) a just resilience. In outlining the ‘5 pillars’ we explicitly recognize that sustainability cannot simply be a ‘green’, or environmental concern. Social and economic dimensions of sustainability are key for societal stability and continuity. This is made ever starker in the context of the fundamental economic and societal restructuring forced by the disruption of the COVID-19 pandemic. In this regard, the pillars represent a triple bottom line framing of sustainability, of mutually supportive domains of economic, social and environmental well-being. The five pillars are informed by principles of distributive and procedural justice, recognizing the importance and advantages of real community engagement and empowerment and giving due respect and deference to the ecological carrying capacity of our fragile planet. We argue that the post-COVID-19 re-build represents a once-in-a generation opportunity to markedly shift developed trajectories to more sustainable pathways, to rebalance the domains of sustainability, and in the process, to address longer-term crises including those of climate and biodiversity loss.