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Procedural Justice in Their Eyes: A Qualitative Interview Study Among Detainees.
Matthias van Hall1, Peter H van der Laan1, Paul Nieuwbeerta2
1Netherlands Institute for the Study of Crime and Law Enforcement (NSCR), Amsterdam, The Netherlands.
International Journal of Offender Therapy and Comparative Criminology
|February 28, 2024
Summary
Procedural justice significantly impacts individuals interacting with criminal justice systems. Key factors influencing perceptions of fair treatment include trustworthy motives, respectful interactions, and clear information.
Area of Science:
- Criminology
- Social Psychology
- Law and Justice Studies
Background:
- Existing research on procedural justice primarily focuses on its effects on legitimacy and behavior.
- There is a need to understand the role of procedural justice perceptions in individual encounters with authorities.
- Investigating the specific factors that constitute procedural (un)fairness is crucial.
Purpose of the Study:
- To explore the significance of procedural justice in the experiences of justice-involved individuals.
- To identify the core elements that shape detainees' perceptions of procedural fairness during their interactions with criminal justice authorities.
Main Methods:
- A qualitative study employing semi-structured interviews.
- Conducted interviews with 35 detainees incarcerated in a Dutch prison.
- Explored encounters with police, prison staff, judges, and probation officers.
Main Results:
- Procedural justice is a significant concern for the majority of detainees.
- Five key elements emerged as crucial for detainees' perceptions of procedural justice: trustworthy motives, interpersonal treatment, neutrality, participation, and agency/process information.
- These elements were consistently reported across various types of encounters with criminal justice authorities.
Conclusions:
- Procedural justice plays a vital role in the experiences of individuals within the criminal justice system.
- Understanding the specific components of procedural fairness is essential for improving interactions between authorities and justice-involved individuals.
- The findings highlight the importance of trustworthy motives, respectful treatment, neutrality, participation, and information in shaping perceptions of justice.
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