Procedural Justice, Legitimacy, and the Effective Rule of Law (From Crime and Justice: A Review of Research, P 283-357, 2003, Michael Tonry, ed., -- See NCJ- 202743)

• NCJ Number: 202749
• Author(s): Tom R. Tyler
• Date Published: 2003
• Length: 75 pages
• Sale Source: University of Chicago Press
• Publication Format: Book (Hardbound)
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

This article discusses the importance of process-based judgments in the context of the social regulatory activities of the police and the courts.

Abstract

The key argument in the process-based approach is that, while the police can and often do compel obedience though the threat or use of force, they can also gain the cooperation of the people with whom they deal. People are more likely to adhere to agreements and follow rules over time when they “buy into” the decisions and directives of legal authorities. This article first considers the types of public behavior relevant to regulation and regulatory authorities, including immediate and long-term compliance with decisions and general compliance with law and cooperation with legal authorities in everyday life. The reasons for such public behavior are then examined. The influence of instrumental reasons is contrasted with those of process-based judgments and assessments of legitimacy. The goal is to show that process-based models have substantial influence and can be the basis for effective strategies of regulation. Racial profiling is then used to illustrate the policy implications of process-based regulation. The relationship of process-based regulation to other models of regulation is examined. The argument for increased attention to process-based issues is not intended to replace efforts to manage crime and urban disorder effectively. The goal is to create a second criterion against which the police and courts might evaluate themselves -- a “fairness” criterion reflecting public views about how those authorities exercise their authority. An effort to implement such a strategy inevitably involves focusing on what fairness means to people in the community. The process-based perspective suggests that the authorities need to be concerned with understanding the ethical frameworks through which their actions are viewed by the public. One procedural element consistently found to shape evaluations of procedural justice and inferences of motive-based trust is the quality of decisionmaking. A second procedural element is the quality of the interpersonal treatment that people experience when dealing with authorities. 6 figures, 17 tables, 106 references