Procedural Justice

Lieutenant David StevensSergeant Kris Caldwell

Procedural Justice

Since the establishment of the first United States city police service “the police have endured numerous challenges to their legitimacy as an institution of social control and public safety.”

Sunshine & Tyler, Law and Society Review (2003)

Political Era (1845-1930):• First modern police department created in

1845 (New York City)• Focused on:

• Maintaining order• Political tides in the city• Close interaction between police and

community• Foot patrol

Reform Era (1930-1960): Research shows a national movement to professionalism during this era which led to:

• Focusing on suspect apprehension• Controlling actions of officers• Separation of police from community• Rotating shifts and patrols• Centralized control within the organization• Technological advances

Community Era (1960-Present):• Return to community policing• Crime Fighter to Problem Solver• Proactive vs. Reactive

What major events have taken place during the Community Era that significantly affected Americans and their views of authority and law enforcement?

• Community Partnerships• Collaborative effort between the police agency and the individuals they

serve to develop solutions to problems and increase trust in law enforcement.

• Problem Solving • Being proactive in identifying problems and developing effective

responses.

• Organizational Transformation• The alignment of organizational management, structure, personnel, and

information systems to support community partnerships and proactive problem solving.

The actions of an individual officer and/or employee can and will have a direct and fundamental impact by either enhancing or lowering people’s judgments of police legitimacy.

Legitimacy is defined as the judgments that ordinary citizens make about the rightfulness of police conduct and the organizations that employ police.

Legitimacy should be one of the primary goals of law enforcement

Legitimacy Reflects: • Trust and confidence in the police• Acceptance of police authority• Police actions are morally correct and

appropriate• Lawful vs. Awful

Legitimacy is beneficial to the police because• Promotes desirable public behaviors• Acceptance of decisions • Compliance with the law• Cooperation with the police

All of these promote officer safety and public trust

When police officers give citizens a voice (listen) and are objective and respectful, police officers gain the trust of the community.

What is Justice?

• Just behavior or treatment• The quality of being fair and reasonable• The administering of deserved punishment or

reward

Justice is often used interchangeably with the word fairness

Organizational Justice: Made up of Distributive Justice and Procedural Justice.

Individuals react to actions and decisions made by organizations every day. An individual’s perception of these decisions as fair or unfair can have an influence on attitudes and behaviors.

Distributive Justice:• Concerned with outcomes• Distribution of resources

• May be tangible or intangible

Not only applies within the organization butwith the public we serve as well

What is Procedural Justice?

Procedural Justice is the framework with which law enforcement leadership can build effective policing efforts, both within the organization and with the community they serve.

PROCEDURAL JUSTICERefers to the idea of fairness in the processes that resolve disputes and allocate resources

It concerns the fairness and the transparency of the processes by which decisions are made

When law enforcement leadership supports a culture where fairness and transparency is modeled:• Through its leadership• Through its decision making• Through its treatment of all personnel• Through its interaction with the public

And………..

When the core principles of procedural justice are valued and practiced within the entire agency, there will be:• Positive organizational change• Improvement in the work culture• Decrease in the polarization of the department

THIS WILL ULTIMATELY FILTER INTO THE BEHAVIOR OF FRONT LINE EMPLOYEES WHO DEAL DIRECTLY WITH THE PUBLIC.

• Fairness • Voice• Transparency• Impartiality

Perception of fairness is driven by two things

• Outcomes (distributive justice)

• Fairness and Consistency of the process to reach those outcomes (procedural justice)

• When Managers and Supervisors are fair and consistent in the allocation of resources, in decision making, in resolution of disputes, officers and professional staff will view the agency and fellow employees more favorably and therefore be more supportive of agency goals and policies.

• Voice and representation in the process• Seeking input from those whom the action has a

direct impact• What does this achieve

- Demonstrates respect- Allows for true combining of ideas- Allows for an environment where the

individuals feel comfortable to refute or support ideas of another

• Transparency in the processes by which decisions are made without secrecy or deception

• Will gain trust within the organization and the community

• Ultimately greater support for the results

• Standardized• High level of impartiality and unbiased

enforcement• No perception of an “in-group” and an “out

group”• Based on relevant evidence or data not on mere

speculation, rumor, or suspicion

Why Procedural Justice?

When Procedural Justice is embedded intothe policing culture beginning with theChief, and continuing through the sworn andprofessional staff, it will ultimately have animpact on the way front line officers andcivilian personnel interact with communitymembers.

“Policing is one of America’s most noble professions. The actions of any police officer, in an instant, can impact an individual for life, and even a community for generations. Given this

realization, every police officer must be centered on what is important.

Service, justice, fundamental fairness—these are the foundational principles in which every police

action must be grounded. The nobility of policing demands the noblest of character.”

— Stephen R. Covey

Questions and Discussion