Procedural Fairness Legal Studies

Procedural justice addresses the idea of fair trials and how people`s perceptions of fairness are strongly influenced by the quality of their experiences and not just the end result of those experiences. Procedural justice theory has been applied to a variety of settings, including the relationship between supervisors and employees within organizations, educational institutions and the criminal justice system. In the context of criminal justice, most research on procedural justice has focused on interactions between citizens and police. What is procedural fairness? Procedural fairness, sometimes referred to as procedural justice, is exactly what its name suggests – «the perceived fairness of court proceedings.» See Procedural Fairness/Procedural Justice: A Bench Card for Trial Judges (American Judges Association et al.). For decades, our research has shown that procedural justice is essential to building trust and increasing the legitimacy of law enforcement agencies within communities. As such, it has a paramount impact on public safety and the effectiveness of public servants. While the high-profile abuse of power by police fuels suspicion and undermines legitimacy, the less publicized daily interactions between community members and law enforcement also influence people`s long-term attitudes toward the police. What the research shows. Burke and Leben described decades of research showing that people`s assessment of their experiences in the justice system is influenced more by how they are treated and their cases handled than by the outcome.

See Tom R. Tyler, Procedural Justice and the Courts, 44 Court Review 26 (2007-08). In other words, «most people care more about procedural fairness. than they do to win or lose the particular case. Evolution to 404. People value fair trials because they are seen as fair outcomes. Id., p. 405.

Tom Tyler, a Yale law professor and leading researcher in the field, notes that «a particularly important finding of procedural justice studies is that people are more likely to continue to abide by a decision if that decision is made in a fair trial.» Verfahrensgerichtsbarkeit, am 28. Tyler explains that the fair trial «legitimizes the decision and creates an obligation to obey it that will continue into the future.» In addition, Tyler notes that «studies show that people`s overall commitment to complying with the law is increased when they receive fair trials in legal situations.» More than 200 North Carolina county district judges gathered last week for their semi-annual conference. A large part of the training programme was devoted to informing judges about the law applicable to the types of cases they preside over – criminal, family and juvenile cases. But one session had a different purpose. Instead of teaching judges how to «get the results right,» Justices Kevin Burke and Steve Leben spoke to the group about how to deal with procedural issues in a way «that improves the perception of fair treatment.» Kevin Burke and Steve Leben, The Evolution of the Trial Judge from Counting Case Dispositions to a Commitment to Fairness, 18 Widener L. J. 397, 403-04 (2009). Speakers argued that institutionalizing procedural fairness principles and practices can increase public support and confidence in the courts, which can lead to greater acceptance of court decisions, greater public approval of the justice system, and better compliance with court orders. Procedural fairness generally includes two requirements. This is the fair trial rule and the anti-bias rule. In recent years, as research on procedural justice has developed, it has become clear that the concept can take root with training at the individual and organizational level.

Procedural justice encourages the authorities` efforts to re-establish tense communal relations by laying the foundations for legitimacy. Admittedly, police officers enjoy legal legitimacy in that they are legally entitled to perform their duties. However, in the context of procedural justice, legitimacy refers to the extent to which an organization and its agents are perceived as morally fair, honest and trustworthy. The perception of legitimacy thus improves respect and cooperation through a better attitude towards the police.