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What is Procedural Justice?: Criteria Used by Citizens to Assess the Fairness of Legal Procedures

Published online by Cambridge University Press:  01 July 2024

Tom R. Tyler
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Abstract

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This paper examines procedural justice in the context of citizen experiences with the police and courts. It is based on interviews of 652 citizens with recent personal experiences involving those authorities. I will consider two issues: first, whether the justice of the procedures involved influences citizen satisfaction with outcomes and evaluations of legal authorities; and second, how citizens define “fair process” in such settings. The results replicate those of past studies, which found that procedural justice has a major influence on both satisfaction and evaluation. They further suggest that such procedural justice judgments are complex and multifaceted. Seven issues make independent contributions to citizen judgments about whether the legal authorities acted fairly: (1) the degree to which those authorities were motivated to be fair; (2) judgments of their honesty; (3) the degree to which the authorities followed ethical principles of conduct; (4) the extent to which opportunities for representation were provided; (5) the quality of the decisions made; (6) the opportunities for error correction; and (7) whether the authorities behaved in a biased fashion. I found that the meaning of procedural justice varied according to the nature of the situation, not the characteristics of the people involved.

Type
Research Article
Information
Law & Society Review , Volume 22 , Issue 1 , 1988 , pp. 103 - 135
Copyright
Copyright © 1988 by The Law and Society Association

Footnotes

The data utilized in this paper were collected using funds provided by the National Science Foundation program in Law and Social Science, Grant SES-8310199. Support for analyzing that data and writing this article was provided by the National Science Foundation, the American Bar Foundation, and the Northwestern University Center for Urban Affairs and Policy Research. I would like to thank Jonathan Casper, E. Allan Lind, Jo Perry, and Christopher Winship for comments on a draft of this paper.

References

BARBER, B. (1983) The Logic and Limits of Trust. New Brunswick, NJ: Rutgers University Press.Google Scholar
BARRETT-HOWARD, E., and Tom R., TYLER (1986) “Procedural Justice as a Criterion in Allocation Decisions,” 50 Journal of Personality and Social Psychology 296.Google Scholar
BIES, R. J. (1985) “The Influence of a Leader's Concerns for Task, Teamwork, and Fairness on Subordinates' Satisfaction and Organizational Evaluations.” Unpublished, Department of Organizational Behavior, Northwestern University.Google Scholar
BIES, R. J., and D. L., SHAPIRO (1987) “Processual Fairness Judgments: The Influence of Causal Accounts,” 1 Social Justice Review 199.Google Scholar
CAMPBELL, A. (1980) The Sense of Well-Being in America. New York: McGraw-Hill.Google Scholar
CASPER, J. (1978) “Having Their Day in Court: Defendant Evaluations of the Fairness of Their Treatment,” 12 Law & Society Review 237.Google Scholar
CASPER, J. (1972) American Criminal Justice: The Defendant's Perspective. Englewood Cliffs, NJ: Prentice-Hall.Google Scholar
CASPER, J., TYLER, Tom R., and press), Bonnie FISHER (in “Procedural Justice among Felony Defendants.” Law & Society Review.Google Scholar
COHEN, J., and P., COHEN (1975) Applied Multiple Regression/Correlation Analysis for the Behavioral Sciences. Hillsdale, NJ: Erlbaum.Google Scholar
CORNELIUS, G. W., R., KANFER, and E.A., LIND (1986) “Evaluation Fairness and Work Motivation.” Unpublished. University of Illinois.Google Scholar
CROSBY, F. (1976) “A Model of Egoistical Relative Deprivation,” 83 Psychological Review 85.Google Scholar
DEUTSCH, M., (1982) “Interdependence and Psychological Orientation,” in Derlaga, V. J. and Grzelak, J. (eds.), Cooperation and Helping Behavior. New York: Academic Press.Google Scholar
EASTON, D. (1965). A Systems Analysis of Political Life. Chicago: University of Chicago Press.Google Scholar
FESTINGER, L. (1954) “A Theory of Social Comparison Processes,” 7 Human Relations 117.Google Scholar
FOLGER, R. (1986a) “A Referent Cognitions Theory of Relative Deprivation,” in Olson, J. M., Hermann, C. P., and Zanna, M. P. (eds.), Social Comparison and Relative Deprivation: The Ontario Symposium, Vol. 4. Hillsdale, NJ: Erlbaum.Google Scholar
FOLGER, R. (1968b) “Rethinking Equity Theory: A Referent Cognitions Model,” in Bierhoff, H. W., Cohen, R. L., and Greenberg, J. (eds.), Justice in Social Relations. New York: Plenum.Google Scholar
FOLGER, R., and J., GREENBERG (1985) “Procedural Justice: An Interpretive Analysis of Personnel Systems,” in Rowland, K. and Ferris, G. (eds.), Research in Personnel and Human Resources Management, Vol. 3. Greenwich, CT: JAI Press.Google Scholar
FRY, W. R., and G., CHANEY (1981) “Perceptions of Procedural Fairness as a Function of Distributive Preferences.” Presented at the Annual Meeting of the Midwestern Psychological Association, Detroit (May).Google Scholar
FRY, W. R., and G. S., LEVENTHAL (1979) “Cross Situational Procedural Preferences: A Comparison of Allocation Preferences and Equity Across Different Social Settings.” Presented at the Annual Meeting of the Southeastern Psychological Association, Washington, DC (March).Google Scholar
GALEGHER, J., and J. S., CARROLL (1983) “Voluntary Sentencing Guidelines: Prescription for Justice or Patent Medicine?,” 7 Law and Human Behavior 361.Google Scholar
GREENBERG, J. (1986) “Reactions to Procedural Justice in Payment Distributions: Do the Means Justify the Ends?,” 72 Journal of Applied Psychology 55.Google Scholar
GREENBERG, J. (1986) “Determinants of Perceived Fairness of Performance Evaluations,” 71 Journal of Applied Psychology 340.Google Scholar
GREENBERG, J., and R., FOLGER (1983) “Procedural Justice, Participation, and the Fair Process Effect in Groups and Organizations,” in Paulus, P. B. (ed.), Basic Group Processes. New York: Springer-Verlag.Google Scholar
GREENBERG, J., and Tom R., TYLER (1987) “Procedural Justice in Organizational Settings,” 1 Social Justice Review 127.Google Scholar
HEIDER, F. (1958) The Psychology of Interpersonal Relations. New York: Wiley.CrossRefGoogle Scholar
HELSON, H. (1964) Adaptation-Level Theory. New York: Harper and Row.Google Scholar
HOULDEN, P., LATOUR, S., WALKER, L., and J., THIBAUT (1978) “Preference for Modes of Dispute Resolution as a Function of Process and Decision Control,” 14 Journal of Experimental Social Psychology 13.Google Scholar
KURTINES, W. M. (1986) “Moral Behavior as Rule Governed Behavior: Person and Situation Effects on Moral Decision Making,” 50 Journal of Personality and Social Psychology 784.Google Scholar
LANDIS, J. M. and L. I., GOODSTEIN (1986) “When Is Justice Fair? An Integrated Approach to the Outcome Versus Procedural Debate.” American Bar Foundation Research Journal 675.Google Scholar
LANE, R. E. (1986) “Procedural Justice: How One Is Treated vs. What One Gets.” Unpublished, Department of Political Science, Yale University.Google Scholar
LEVENTHAL, G. S. (1980) “What Should Be Done with Equity Theory?,” in Gergen, K. J., Greenberg, M.S., and Weiss, R. H. (eds.), Social Exchange: Advances in Theory and Research. New York: Plenum.Google Scholar
LIND, E. A. (1982) “The Psychology of Courtroom Procedure,” in Kerr, N. L. and Bray, R. M. (eds.), The Psychology of the Courtroom. New York: Academic.Google Scholar
LIND, E. A., R. I., LISSAK, and A. E., CONLON (1983) “Decision Control and Process Control Effects on Procedural Fairness Judgments,” 13 Journal of Applied Social Psychology 338.Google Scholar
LIND, E. A., and Tom R., TYLER (1988) The Social Psychology of Procedural Justice. New York: Plenum.CrossRefGoogle Scholar
LISSAK, R. L, and B., SHEPPARD (1983) “Beyond Fairness: The Criterion Problem in Research on Dispute Intervention,” 13 Journal of Applied Social Psychology 45.Google Scholar
McCLOSKY, H., and A., BRILL (1983) Dimensions of Tolerance: What Americans Believe About Civil Liberties. New York: Russell Sage Foundation.Google Scholar
MERRY, S. E. (1985) “Concepts of Law and Justice among Working-Class Americans: Ideology as Culture.” 9 Legal Studies Forum 59.Google Scholar
MERRY, S. E. (1986) “Everyday Understandings of the Law in Working-Class America.” 13 American Ethnologist 253.Google Scholar
OKUN, A. M. (1975) Equality and Efficiency: The Big Tradeoff. Washington, DC: Brookings Institute.Google Scholar
ROSENBERG, M. (1979) Conceiving the Self. New York: Basic.Google Scholar
SANDERS, J., and L., HAMILTON (1987) “Is There a ”Common Law“ of Responsibility?” 11 Law and Human Behavior 277.Google Scholar
SHEPPARD, B. H., and R. J., LEWICKI (1987) “Toward General Principles of Managerial Fairness,” Social Justice Review.CrossRefGoogle Scholar
SHEPPARD, B. H., D., SAUNDERS and J., MINTON (1986) “Determinants of Procedural Choice in Informal Dispute Resolution.” Presented at the Annual Meeting of the Law and Society Association, Chicago (June).Google Scholar
SULLIVAN, J. L., J., PIERESON and G., MARCUS (1982) Political Tolerance and American Democracy. Chicago: University of Chicago Press.Google Scholar
THIBAUT, J., and L., WALKER (1975) Procedural Justice: A Psychological Analysis. Hillsdale, NJ: Erlbaum.Google Scholar
TYLER, Tom R. (1987a) “Conditions Leading to Value-Expressive Effects in Judgments of Procedural Justice: A Test of Four Models,” 52 Journal of Personality and Social Psychology 333.Google Scholar
TYLER, Tom R. (1987b) “Procedural Justice, Legitimacy, and Compliance.” Unpublished, Department of Psychology, Northwestern University.Google Scholar
TYLER, Tom R. (1987c) “Procedural Justice Research,” 1 Social Justice Review 41.Google Scholar
TYLER, Tom R. (1986a) “Justice and Leadership Endorsement,” in Lau, R. R. and Sears, D. O. (eds.), Political Cognition. Hillsdale, NJ: Erlbaum.Google Scholar
Sears, D. O. (1986b) “Justice, Legitimacy and Compliance.” Presented at the Meeting of the Law and Society Association, Chicago (May).Google Scholar
Sears, D. O. (1986c) “When Does Procedural Justice Matter in Organizational Settings?,” in Lewicki, R. J., Sheppard, B. H., and Bazerman, M. (eds.), Research on Negotiating in Organizations. Greenwich, CT: JAI Press.Google Scholar
Bazerman, M. (1984a) “Assessing the Risk of Crime Victimization: The Integration of Personal Victimization Experience and Socially Transmitted Information,” 40 Journal of Social Issues 27.Google Scholar
Bazerman, M. (1984b) “The Role of Perceived Injustice in Defendants' Evaluations of Their Courtroom Experience,” 18 Law & Society Review 51.Google Scholar
TYLER, Tom R., and A., CAINE (1981) “The Influence of Outcome and Procedures on Satisfaction with Formal Leaders,” 41 Journal of Personality and Social Psychology 642.Google Scholar
TYLER, Tom R., and F. L., COOK (1984) “The Mass Media and Judgments of Risk: Distinguishing Impact on Personal and Societal Level Judgments,” 47 Journal of Personality and Social Psychology 693.Google Scholar
TYLER, Tom R., and R., FOLGER (1980) “Distributional and Procedural Aspects of Satisfaction with Citizen-Police Encounters,” 1 Basic and Applied Social Psychology 281.Google Scholar
TYLER, Tom R., and P., LAVRAKAS (1985) “Cognitions Leading to Personal and Political Behaviors: The Case of Crime,” in Kraus, S. and Perloff, R. M. (eds.), The Mass Media and Political Thought. Beverly Hills: Sage.Google Scholar
TYLER, Tom R., and E. A., LIND (1986) “Procedural Processes and Legal Institutions.” Presented at the International Conference on Social Justice in Human Relations, Leiden (July).Google Scholar
TYLER, Tom R., K., RASINSKI and E., GRIFFIN (1986) “Alternative Images of the Citizen: Implications for Public Policy,” 41 American Psychologist 970.Google Scholar
TYLER, Tom R., K., RASINSKI and McGRAW, K. (1985) “The Influence of Perceived Injustice on the Endorsement of Political Leaders,” 15 Journal of Applied Social Psychology 700.Google Scholar
TYLER, Tom R., K., RASINSKI and N., SPODICK (1985) “The Influence of Voice on Satisfaction with Leaders: Exploring the Meaning of Process Control,” 48 Journal of Personality and Social Psychology 72.Google Scholar
WALKER, L., and E. A., LIND (1984) “Psychological Studies of Procedural Models,” in Stephenson, G. M. and Davis, J. H. (eds.), Progress in Applied Social Psychology, Vol. 2. New York: Wiley.Google Scholar
WISH, M., M., DEUTSCH, and S. J., KAPLAN (1976) “Perceived Dimensions of Interpersonal Relations,” 33 Journal of Personality and Social Psychology 409.Google Scholar
WISH, M., and S. J., KAPLAN (1977) “Toward an Implicit Theory of Interpersonal Communication,” 40 Sociometry 234.Google Scholar