Procedural Justice Research Articles

Analysis of the Implementation of E-Litigation with Artificial Intelligence Approach in Procedural Justice and Access to Justice in Pretrial Proceedings

The development of Artificial Intelligence in the current digital era across every sector of society has become a topic of discussion among legal experts for its potential application within the realm of justice systems. Consistency and time efficiency have become key considerations for implementation within the judicial system. Pre-trial proceedings in Indonesia are often seen as a secondary trial process, leading to inconsistencies in time, understanding of legislation, and document management, resulting in disadvantageous situations for the suspects. The integration of Artificial Intelligence in legal proceedings can enhance efficiency, accuracy, and ensure access to justice for suspects within the legal process. In the context of pre-trial proceedings, AI can be utilized to aid in data processing and analysis, decision-making, and monitoring compliance with principles of procedural justice. The research problem in this study revolves around two main questions: First, how does the legitimacy and legal certainty of utilizing electronic media within the Indonesian judicial system stand? Second, how can procedural justice and access to justice be implemented through the utilization of electronic media, particularly artificial intelligence, in pre-trial proceedings? This research is a doctrinal or normative study, relying on secondary data sources consisting of primary legal materials and qualitative data.

Guardian versus warrior cops: predicting officers’ support for procedural justice and coercive policing

ABSTRACT In response to incidents of police brutality perpetrated against ethnic/racial minorities, there have been calls worldwide for reform in the way policing is done in minority communities. As part of this reform process, police agencies have been encouraged to examine the policing styles (or orientations) that different officers adopt when carrying out their duties. Prior research finds that ‘warrior’ and ‘guardian’ policing orientations are associated with officers’ support for either coercive or procedural justice policing, respectively. Warrior-oriented officers tend to support using coercive policing more than guardian-oriented officers, while guardian-oriented officers tend to support using procedural justice policing more than warrior-oriented officers. What remains understudied is why this is so. Drawing on survey data of 306 Australian police officers working in ethnically diverse and disadvantaged communities, this study tests whether officers’ cynicism toward the public and their confidence in their own legitimacy (i.e. self-legitimacy) might explain the tendency of warrior-oriented and guardian-oriented officers to support either coercive or procedural justice policing, respectively. Our findings confirm that the two policing orientations are conceptually distinct, and that warrior-oriented officers are more likely to support coercive policing, while guardian-oriented officers are more likely to support procedural justice policing. Importantly, we find that officers’ cynicism and self-legitimacy partially mediate some of these relationships. The implications of these findings for both policing scholarship and practice are discussed.

Social Undermining and Promotive Voice: The Moderating Effects of Procedural Justice.

Organizations are increasingly depending on their employees to contribute suggestions aimed at enhancing organizational processes, boosting overall efficiency, and fostering innovation. However, some factors might hinder employees from expressing their thoughts. While there is evidence suggesting an effect of supervisor social undermining behavior on employee voice, the impact on innovative types of voice, specifically promotive voice, remains uncertain. This study aims to explore the association between supervisor social undermining and employee promotive voice. Moreover, this research investigates how employee perceptions of procedural justice moderate this relationship, utilizing the Conservation of Resources theory. Data were collected from 115 highly skilled employees, and hierarchical regression analysis was employed to assess the proposed hypotheses. The findings suggest that when individuals encounter social undermining behavior from their supervisor, they are less inclined to engage in promotive voice behavior. Interestingly, the results indicate that this relationship becomes stronger when individuals possess higher perceptions of procedural justice. To the best of our knowledge, this study is the first to investigate the impact of supervisor social undermining on promotive voice while considering procedural justice as a moderator in this relationship. The findings of this study suggest several theoretical and practical implications and provide directions for future research.

The political ecology of justice outcomes of lithium mining: The case of Salar del Hombre Muerto, Argentina

Electromobility and lithium-ion batteries are seen as key for the global energy transition, but injustices have been identified in several stages of the life cycle of electric vehicles, particularly in the resource extraction stage. Little is known about the micropolitics driving the acceptance or contestation of lithium mining by communities directly affected by this activity in the highland Andes of South America. In this paper, we explore complaints and demands made by communities living near Salar del Hombre Muerto, a salt flat in the Argentinian province of Catamarca where lithium has been extracted for decades. Having collected ethnographic data from conversations with affected communities and during public meetings and hearings, we applied a coding process using political ecology and energy justice conceptual frameworks. This led to the identification of place-based complaints and demands associated with distributive, procedural, and recognition justice. We further discuss our findings in terms of recent literature on lithium mining to provide explanations of the justice outcomes identified. Although lithium mining may not be the sole cause of (at least some of) these injustices, it nevertheless generates expectations and catalyzes attempts to end marginalization in areas where local and regional institutions are incapable of doing so.

Legal remedies for energy injustice in the ECOWAS sub-region: the role of the ECOWAS Court

The concept of energy justice has been of much scholarly interest in applying justice principles to energy policy, energy production and systems, energy consumption, political economy of energy and climate change, among other areas. However, legal remedies for energy injustice have not been seriously examined; nor has the topic been considered from the perspective of the Global South. Therefore, this article seeks to examine legal remedies for energy injustice in the ECOWAS sub-region and the role that the Economic Community of West African States Court of Justice, otherwise known as ECOWAS Court, can play in granting these remedies. It finds that the concept of energy justice is an evolving one and that at its current level of evolution, the concept has somewhat incorporated the idea of distributional justice, recognition-based justice and procedural justice. Against the backdrop of these findings, the article argues that energy justice in a distributional, recognition-based and procedural sense can be couched in terms of human rights law under the African Charter on Human and Peoples’ Rights and can be actualised before the ECOWAS Court. It concludes that energy justice, in its present state of evolution, can be substantially actualised in terms of human rights law before the ECOWAS Court.

THE ORGANIZATIONAL JUSTICE IMPLICATIONS IN ENHANCING THE INTEGRITY OF ADMINISTRATIVE LEADERSHIP

This research aims to explore the nature of the impact of organizational justice on the integrity of administrative leadership, for a sample of employees at the College of Management and Economics at the University of Al-Qadisiyah, through distributing a questionnaire totaling 60, of which 50 were valid for analysis and 10 were invalid, with a response rate of 83%. Organizational justice was expressed as an independent variable through three dimensions: distributive justice, procedural justice, and interactional justice, based on the scale developed by Niehoff & Moorman (1993), while the integrity of leadership was expressed as a dependent variable through five dimensions: courage, humility, fairness, rationality, and humanity, based on the scale by Wang & Hackett (2015). Several measurement tools were used in the practical aspect, relying on SPSS statistical analysis software to calculate means, standard deviations, linear regression analysis, and correlation, in addition to using the T-test. The research concluded with a number of findings, the most important of which indicated that the level of organizational justice enjoyed by the officials in the researched organization was at moderate levels according to the opinions of the research sample. The research also provided a set of recommendations, the most important of which emphasized the necessity of enhancing all dimensions of organizational justice, including distributive, procedural, and interactional, in organizations due to their significant role in creating sound administrative leadership that fosters a positive and constructive work environment, ensuring the existence of an integrated organizational unit.

The Social Psychology of Procedural Justice: Findings in Hong Kong

The Social Psychology of Procedural Justice: Findings in Hong Kong

Selective Attention to Environmental Justice by International Cooperative Initiatives for Biodiversity and Climate

Abstract The relevance of environmental justice in global biodiversity and climate governance has increased as stakeholders’ unequal affectedness by environmental action is becoming ever more obvious. International Cooperative Initiatives (ICIs) play an ever increasing role in addressing global environmental change and biodiversity loss. Yet, the consideration of demands of environmental justice by these non-state or hybrid actors is still under-explored. Informed by a three-pillar environmental justice framework comprising distributive, procedural, and recognition justice, we use content analysis to identify if and how these different pillars are presented on the websites and in the key publications of a sample of 53 ICIs. A majority of these ICIs include references to environmental justice and its different pillars in their description of their work. But environmental justice seems to be neither a central concern nor are the references very nuanced. Distributive justice receives the most attention, whereas aspects of procedural and recognition justice receive less attention. To better anchor environmental justice within global biodiversity and climate governance, we encourage ICIs to thoroughly integrate environmental justice in operational work and to integrate and establish ongoing dialogues with marginalised groups.

Investigating the use of protective technologies after data breach: The roles of psychological distance, technological service type and organizational justice

Protective information technologies (PITs) are crucial for preventing security and privacy issues, but their application by customers following a data breach has not been thoroughly studied in the past. In this work, we define post-data breach protective technologies (PDPT), an initiative-taking protective technology, as the use of PIT in the aftermath of a data breach. Based on the kinds of services violated, we hypothesize that users' psychological understanding of protective technology and the organization's justice procedures affect victims' intent to use PDPT. We validate two theoretical hypotheses for PDPT adoption by utilizing survey responses from consumers across utility-benefit and social-benefit services after data breaches. For practice, our research provides guidance for planning and encouraging the implementation of protective technology in the wake of a privacy crisis or data breach. In general, we draw the conclusion that a data breach tends to heighten the victims’ awareness of the breach, impact justice perceptions, and alter the distant psychological knowledge about the service benefits of protective technologies post data breach.

Beyond liberal justice? Decolonising Colombian transitional justice through victims’ participation and indigenous rights

ABSTRACT Transitional justice is a particular approach to justice for periods of transition to peace and democracy. It has been standardised in handbooks by profiling experts, often from the Global North, with meagre local participation in practice. It is criticised for having a liberal conception of justice that reproduces forms of structural discrimination against ethnic peoples. The Peace Agreement between Colombia and the FARC-EP signed in November 2016 addresses this criticism through a System for Truth, Reparation, and Guarantees of No-Repetition that includes a Special Jurisdiction for Peace (JEP) that must impose sanctions following a dialogical process with victims. The tribunal requires their participation to determine how perpetrators must repair the damages caused during the armed conflict. When victims belong to ethnic groups, their participation has influenced the tribunal to make decolonising decisions. In a ground-breaking process, the JEP incorporated indigenous perspectives into its justice procedures, acknowledging the role of the Territory to ethnic groups and officially recognising it as a living being that is a right-bearer that deserves reparations. This article analyses the achievements of such a process and underlines some challenges. From a practical perspective, it contributes to broader debates regarding indigenous rights and victims’ participation in transitional justice.

Transparency for AI systems: a value-based approach

With the widespread use of artificial intelligence, it becomes crucial to provide information about these systems and how they are used. Governments aim to disclose their use of algorithms to establish legitimacy and the EU AI Act mandates forms of transparency for all high-risk and limited-risk systems. Yet, what should the standards for transparency be? What information is needed to show to a wide public that a certain system can be used legitimately and responsibly? I argue that process-based approaches fail to satisfy, as knowledge about the development process is insufficient to predict the properties of the resulting system. Current outcome-based approaches [Mitchell et al., 2019; Loi et al., 2021] are also criticized for a lack of attention to the broader socio-technical system and failure to account for empirical results that show that people care about more than just the outcomes of a process [as reported by Meyerson et al. (Procedural justice and relational theory: Empirical, philosophical, and legal perspectives, Taylor & Francis, 2021)]. Instead, I propose value-based transparency, on which the information we need to provide is what values have been considered in the design and how successful these have been realized in the final system. This can handle the objections to other frameworks, matches with current best practices on the design of responsible AI and provides the public with information on the crucial aspects of a system’s design.

Predictive effects of organizational justice on job satisfaction in bus drivers: the moderating effects of role overload and proactive personality

BackgroundThere have been few longitudinal studies on Chinese bus drivers and the individual differences in the relationships between organizational justice and job satisfaction. This study examined the organizational justice and job satisfaction in bus drivers and the individual differences in this relationship.MethodsA two-wave longitudinal study design was employed. A first survey was conducted on 513 Chinese bus drivers in October 2021 that collected socio-demographic information and asked about their perceptions of organizational fairness. A second survey was conducted six months later that asked about role overload and job satisfaction and assessed their proactive personality type. An effect model was then used to explore the moderating effects of role overload and proactive personality type on the relationships between organizational justice and job satisfaction.ResultsBoth procedural and interactive justice predicted the bus drivers’ job satisfaction. Proactive personalities and role overload were found to enhance this relationship.ConclusionsOrganizations could benefit from screening at the recruitment stage for drivers with highly proactive personalities. Relevant training for drivers with low proactive personalities could partially improve employee job satisfaction. When viewed from a Chinese collectivist cultural frame, role overload could reflect trust and a sense of belonging, which could enhance job satisfaction. Finally, to improve employee job satisfaction, organizations need to ensure procedural and interactive justice.

Apologies, Remorse, and Amends: Empirical Legal Studies Across Domains and Disciplines

The role of apologies in law is offered as an example of a topic that cuts across legal fields, and one that is quintessentially interdisciplinary. Because apologies are an often-desired response in the wake of a wrongful act, they can be significant in many legal settings. Apologies or the lack thereof affect attributions of responsibility and blame, provide information, and alter relationships. Apologies play a role in motivating or forestalling legal action, shape settlement in civilcases, influence punishment in criminal cases, provide alternate or complementary means of accountability, and impact relations among parties to conflict from the interpersonal to the geopolitical. An understanding of apologies is enriched by research conducted by legal scholars, sociologists and psychologists, economists and political scientists, historians and linguists, and criminologists, using methods drawn from each of these fields. This range of empirical research is necessary to successfully develop a better understanding of the desire for, effects of, and limits of apologies across varied legal contexts and the implications for client counseling and legal strategy, for legal reform and systems design, for political decision making, and for procedural, restorative, and transitional justice.

A Novel Neutrosophic Likert Scale Analysis of Perceptions of Organizational Distributive Justice via a Score Function: A Complete Statistical Study and Symmetry Evidence Using Real-Life Survey Data

In this study, ten questions measuring distributive justice on classical Likert and neutrosophic Likert scales consisting of two subdimensions—distributive and procedural justice—were used. Participants responded to the same questions for both the classical Likert and neutrosophic Likert scales within a single survey, with the neutrosophic method applied, for the first time, to the questions included in the scale. The neutrosophic scale responses were answered in percentages to resemble natural language, and the answers received for each question were reduced to the range [−1, 1] to grade the agreement approach through a score function used in neutrosophic decision-making theory. In this study, the neutrosophic scale, a scaling method with strong theoretical foundations, was compared with the traditional Likert scale. The results of the statistical analyses (exploratory factor analysis, reliability analysis, neural network analysis, correlation analysis, paired samples t-test, and one-way and two-way ANOVAs) and evaluations of the scales were compared to measure organizational justice within a single study. In this article, the symmetric and non-symmetric properties of statistical analysis that are specific to this paper in addition to general symmetric and non-symmetry properties are discussed. These symmetric and non-symmetric features are conceptualized according to the features on which each statistical analysis focuses. Finally, although this study presents a new area of research in the social sciences, we believe that the neutrosophic Likert scale and survey approach will contribute to collecting detailed and sensitive information on many topics, such as economics, health, audience perceptions, advertising responses, and product, market, and service purchase research, through the use of score functions.

Organisational justice and employee commitment in Nigeria banking sector

Despite the potential benefits of incorporating organisational justice and employee commitment into daily operations, many organisations lack a long-term strategy for doing so, making it a pressing issue. Therefore, the purpose of this study was to analyse and examine organisational justice and employee commitment within the banking industry in Nigeria. The research collected primary data through the completion of 147 questionnaires out of a total of 192. The collected data underwent data testing and analysis through the application of descriptive statistics, multiple regression, and correlation coefficients with the assistance of the statistical package for the social sciences. The findings of the study indicate that there is a significant relationship between organisational justice constructs and employee commitment. Results show that there is a strong and significant relationship between distributive justice and affective commitment in the Nigerian banking industry (R = 0.807, F* = 2,712.536, p < 0.05), and the regression result suggests that the independent variables (distributional justice) have a significant relationship with affective commitment. The findings highlight that organisations prioritise the implementation of fair and just procedures, encompassing both distributive and procedural justice. Results show that there is a significant positive relationship between procedural justice and continuance commitment (R = 0.874, F* = 2,122.507, p < 0.05), and it was determined that there is a linear correlation between the model’s dependent and independent variables. These findings emphasise the importance of fair and just procedures within organisations to elicit favourable responses from employees, such as commitment, positive behaviour, and increased productivity. The conclusions were drawn from the findings, and thus it is recommended that employers should recognise the significant benefits that organisational justice can bring in terms of employee trust, commitment, and overall organisational success. Practitioners can use the study’s findings and suggestions to guide the development of socialisation, involvement, training, and development systems in their own organisations

Promoting social justice and women's rights: Mitigating the negative impacts of large hydropower projects on tribal women in the Hindu Kush Himalaya region

This study highlights the significance of comprehending the region's caste system and cultural norms and their influence on implementing compensation and resettlement programs in hydropower projects to gain social sustainability. By leveraging Social Justice Theory, we examine how systemic inequalities affect tribal women, particularly in the context of large-scale hydropower projects. Tribal women's social and cultural identities expose them to vulnerabilities, leading to negative consequences concerning large-scale hydropower projects. The lack of access to justice and limited participation in decision-making poses social justice challenges, undermining their fundamental rights, such as basic needs, healthcare, and education. Consequently, their well-being and quality of life suffer, impeding support for such projects. The extent of these adverse effects may vary depending on whether women belong to local (Indigenous) or non-local tribes (non-Indigenous). Our analysis reveals the critical role of tribal affiliation in moderating the relationship between social justice dimensions—such as distributive, procedural, substantive, and recognition justice—and social sustainability, offering new insights into Social Justice Theory. This study explores the potential of careful planning that prioritises the needs of tribal women regardless of tribal affiliation to mitigate these negative social consequences. The study employs a social justice framework to address these challenges. Through the analysis of 511 questionnaires using PLS-SEM, the study revealed that tribal affiliation moderates the relationship between social justice and sustainability. This contribution enriches Social Justice Theory by providing empirical evidence of the intersectionality of social justice issues in the context of development projects. The study further identified that social sustainability and community satisfaction mediate the relationship between social justice and support for hydropower projects, while tribal affiliation moderates this relationship.

Linking police and citizen data: a multilevel analysis on the effects of organizational effectiveness and fairness on procedural justice

PurposePolice procedural justice is essential in shaping police legitimacy and public willingness to cooperate, yet factors that affect police fair treatment of citizens are not fully understood. Using the data of the National Police Research Platform (NPRP), Phase II, this study examines the effects of three key organizational factors (i.e. effective leadership, supervisory justice and department process fairness) on officers’ procedural justice in police stops.Design/methodology/approachInnovatively, this study links police data with citizens’ data and conducts multilevel analyses on the effects of a host of citizen, officer, incident, and, importantly, agency characteristics on officer behaviors during over 5,000 police stops nested within 48 police agencies.FindingsThe results showed that the fairness of the departmental process had a positive effect on officer procedural justice, while the fairness of the supervisor was inversely associated with procedural justice on the street.Originality/valueThe linked data demonstrated that organizational fairness affected street procedure justice.

Does Perceived Procedural Justice in Policing Predict Future Offending? Findings From a Sample of Justice-Involved Individuals

Recent scholarship suggests attitudes toward the police and law are important facets of crime control efforts. Procedurally just policing is recognized as a predictor of citizens’ cooperation and confidence in the police, but it remains unclear whether it can also reduce criminal behavior. Using a sample of justice-involved individuals, this study examined whether procedurally just policing predicts future offending and, if so, whether its effect is due to perceived legitimacy of the law. Results showed that procedurally just policing was negatively associated with recidivism, and legitimacy of the law mediated this link. The results suggest that enhancing procedural justice in policing practice in at-risk communities should be considered a critical component of crime prevention.

An exploratory study on the practice of procedural justice and use of force in police-citizen encounters

An exploratory study on the practice of procedural justice and use of force in police-citizen encounters

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.