Police legitimacy

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Police legitimacy is the extent to which members of the public view the police as higher power authority figure, often measured in terms of the public's willingness to obey and cooperate with the police. [1] Police legitimacy is linked to the degree of public support for, and cooperation with, the police's efforts to fight crime. [2] When a police officers ability and authority to effectively complete their job is compromised there is potential for a lack of police legitimacy. [3]

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People who experience more procedural justice in police encounters view the police as more legitimate. [4] In contrast, order maintenance policing and widespread street stops appear to reduce police legitimacy among young men. [5] [6] An increase in public support and compliance can only be accomplished if fair procedures are implemented. Police legitimacy can be achieved by increasing the public involvement in police proceedings by informing and explaining to them the process of the decisions being made. [7] The public makes judgments regarding the activities of police by evaluating their actions when conducting their duties, therefore, influencing their views about police legitimacy. [2]

Procedural Justice

A symbol to represent justice in all forms of law. Symbol of Justice.jpg
A symbol to represent justice in all forms of law.

Procedural justice refers to the idea that the police, courts, and other government institutions should enforce the law in an unbiased and impartial process. [8] It consists of four main components that ensure that proper justice is administered to the public. Firstly, citizens should be allowed to participate and be informed about the proceedings before a governmental institution reaches a decision. Secondly, the procedure in question should make the public believe that the institution is reaching a decision in an unbiased manner. Thirdly, it shows that the institution in question has shown dignity and respect throughout the proceedings. Lastly, it should portray that the institution has motives in mind that benefit the citizens. Individuals who believe that they were dealt with in a procedurally just manner are more inclined to agree with the consequences they are facing for their actions. Procedural justice and police legitimacy are collectively linked meaning that a just procedure will promote the public's faith in law enforcement. [9]

See also

Related Research Articles

Procedural justice is the idea of fairness in the processes that resolve disputes and allocate resources. One aspect of procedural justice is related to discussions of the administration of justice and legal proceedings. This sense of procedural justice is connected to due process (U.S.), fundamental justice (Canada), procedural fairness (Australia), and natural justice, but the idea of procedural justice can also be applied to nonlegal contexts in which some process is employed to resolve conflict or divide benefits or burdens. Aspects of procedural justice are an area of study in social psychology, sociology, and organizational psychology.

<span class="mw-page-title-main">Criminal justice</span> Justice to those who have committed crimes

Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and the prisons system.

<span class="mw-page-title-main">Natural justice</span> Concept in UK law

In English law, natural justice is technical terminology for the rule against bias and the right to a fair hearing. While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly".

<span class="mw-page-title-main">Legitimacy (political)</span> Right and acceptance of an authority

In political science, legitimacy is the right and acceptance of an authority, usually a governing law or a regime. Whereas authority denotes a specific position in an established government, the term legitimacy denotes a system of government—wherein government denotes "sphere of influence". An authority viewed as legitimate often has the right and justification to exercise power. Political legitimacy is considered a basic condition for governing, without which a government will suffer legislative deadlock(s) and collapse. In political systems where this is not the case, unpopular regimes survive because they are considered legitimate by a small, influential elite. In Chinese political philosophy, since the historical period of the Zhou Dynasty, the political legitimacy of a ruler and government was derived from the Mandate of Heaven, and unjust rulers who lost said mandate therefore lost the right to rule the people.

A consent decree is an agreement or settlement that resolves a dispute between two parties without admission of guilt or liability, and most often refers to such a type of settlement in the United States. The plaintiff and the defendant ask the court to enter into their agreement, and the court maintains supervision over the implementation of the decree in monetary exchanges or restructured interactions between parties. It is similar to and sometimes referred to as an antitrust decree, stipulated judgment, or consent judgment. Consent decrees are frequently used by federal courts to ensure that businesses and industries adhere to regulatory laws in areas such as antitrust law, employment discrimination, and environmental regulation.

The UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, usually known as the Aarhus Convention, was signed on 25 June 1998 in the Danish city of Aarhus. It entered into force on 30 October 2001. As of March 2014, it had 47 parties—46 states and the European Union. All of the ratifying states are in Europe and Central Asia. The EU has begun applying Aarhus-type principles in its legislation, notably the Water Framework Directive. Liechtenstein and Monaco have signed the convention but have not ratified it.

The Peelian principles summarise the ideas that Sir Robert Peel developed to define an ethical police force. The approach expressed in these principles is commonly known as policing by consent in the United Kingdom and other countries such as Ireland, Canada, Australia, and New Zealand.

Greenberg (1987) introduced the concept of organizational justice with regard to how an employee judges the behavior of the organization and the employee's resulting attitude and behaviour. For example, if a firm makes redundant half of the workers, an employee may feel a sense of injustice with a resulting change in attitude and a drop in productivity.

<span class="mw-page-title-main">Remand (detention)</span> Detention after arrest and charge until a trial

Remand, also known as pre-trial detention, preventive detention, or provisional detention, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "kept in custody until trial" is used in the media and even by judges and lawyers in addressing the public. Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment.

<span class="mw-page-title-main">Community policing</span> Strategy of policing centered on building close ties with communities

Community policing, or community-oriented policing (COP), is a strategy of policing that focuses on developing relationships with community members. It is a philosophy of full-service policing that is highly personal, where an officer patrols the same area for an extended time and develops a partnership with citizens to collaboratively identify and solve problems.

<span class="mw-page-title-main">Criminology</span> The study of crime and criminal actions/behavior

Criminology is the study of crime and deviant behaviour. Criminology is an interdisciplinary field in both the behavioural and social sciences, which draws primarily upon the research of sociologists, political scientists, economists, psychologists, philosophers, psychiatrists, social workers, biologists, social anthropologists, as well as scholars of law.

Crime displacement is the relocation of crime as a result of police crime-prevention efforts. Crime displacement has been linked to problem-oriented policing, but it may occur at other levels and for other reasons. Community-development efforts may be a reason why criminals move to other areas for their criminal activity. The idea behind displacement is that when motivated criminal offenders are deterred, they will commit crimes elsewhere. Geographic police initiatives include assigning police officers to specific districts so they become familiar with residents and their problems, creating a bond between law-enforcement agencies and the community. These initiatives complement crime displacement, and are a form of crime prevention. Experts in the area of crime displacement include Kate Bowers, Rob T. Guerette, and John E. Eck.

Legal socialization

Legal socialization is the process through which, individuals acquire attitudes and beliefs about the law, legal authorities, and legal institutions. This occurs through individuals' interactions, both personal and vicarious, with police, courts, and other legal actors. To date, most of what is known about legal socialization comes from studies of individual differences among adults in their perceived legitimacy of law and legal institutions, and in their cynicism about the law and its underlying norms. Adults' attitudes about the legitimacy of law are directly tied to individuals' compliance with the law and cooperation with legal authorities.

<span class="mw-page-title-main">Legitimacy (criminal law)</span>

In law, "legitimacy" is distinguished from "legality". An action can be legal but not legitimate or vice versa it can be legitimate but not legal.

Anthony Allan Braga is an American criminologist and the Jerry Lee Professor of Criminology at the University of Pennsylvania. Braga is also the Director of the Crime and Justice Policy Lab at the University of Pennsylvania. He previously held faculty and senior research positions at Harvard University, Northeastern University, Rutgers University, and the University of California at Berkeley. Braga is a member of the federal monitor team overseeing the reforms to New York City Police Department (NYPD) policies, training, supervision, auditing, and handling of complaints and discipline regarding stops and frisks and trespass enforcement.

David Philip Farrington is a British criminologist, forensic psychologist, and emeritus professor of psychological criminology at the University of Cambridge, where he is also a Leverhulme Trust Emeritus Fellow. In 2014, Paul Hawkins and Bitna Kim wrote that Farrington "is considered one of the leading psychologists and main contributors to the field of criminology in recent years."

<span class="mw-page-title-main">Legal cynicism</span> A negative perception of law enforcement

Legal cynicism is a domain of legal socialization defined by a perception that the legal system and law enforcement agents are "illegitimate, unresponsive, and ill equipped to ensure public safety." It is related to police legitimacy, and the two serve as important ways for researchers to study citizens' perceptions of law enforcement.

Public criminology Academic tendency within criminology

Public criminology is an approach to criminology that disseminates criminological research beyond academia to broader audiences, such as criminal justice practitioners and the general public. Public criminology is closely tied with “public sociology”, and draws on a long line of intellectuals engaging in public interventions related to crime and justice. Some forms of public criminology are conducted through methods such as classroom education, academic conferences, public lectures, “news-making criminology”, government hearings, newspapers, radio and television broadcasting and press releases. Advocates of public criminology argue that the energies of criminologists should be directed towards "conducting and disseminating research on crime, law, and deviance in dialogue with affected communities." Public criminologists focus on reshaping the image of the criminal and work with communities to find answers to pressing questions. Proponents of public criminology see it as potentially narrowing "the yawning gap between public perceptions and the best available scientific evidence on issues of public concern", a problem they see as especially pertinent to matters of crime and punishment.

Judicial populism or juridical populism is a phenomenon where the judgments and actions of the courts are driven by the perception of the masses or certain groups. The term, which some refer to as popular constitutionalism, has been described as a reaction to the perceived elitist bias in the legal system.

Jennifer Woolard is a developmental psychologist known for work within the juvenile justice system. Woolard is Professor of Psychology and Adjunct Professor of Law at Georgetown University. She is involved in the Youth In Custody Practice Model Initiative at the Center for Juvenile Justice Reform at Georgetown University's McCourt School of Public Policy, which seeks to adopt evidence-based developmentally-appropriate practices within juvenile correctional institutions.

References

  1. Tankebe, Justice (April 2014). Kane, Robert J; Reisig, Michael D (eds.). Police Legitimacy. The Oxford Handbook of Police and Policing. doi:10.1093/oxfordhb/9780199843886.001.0001. ISBN   9780199843886 . Retrieved 24 April 2017.
  2. 1 2 Tyler, Tom R. (1 May 2004). "Enhancing Police Legitimacy". The Annals of the American Academy of Political and Social Science. 593 (1): 84–99. doi:10.1177/0002716203262627. S2CID   146778465.
  3. "Race, Trust and Police Legitimacy". National Institute of Justice . Retrieved 24 April 2017.
  4. Kochel, Tammy Rinehart (2012-06-01). "Can Police Legitimacy Promote Collective Efficacy?". Justice Quarterly. 29 (3): 384–419. doi:10.1080/07418825.2011.561805. ISSN   0741-8825.
  5. Gau, Jacinta M.; Brunson, Rod K. (April 2010). "Procedural Justice and Order Maintenance Policing: A Study of Inner‐City Young Men's Perceptions of Police Legitimacy". Justice Quarterly. 27 (2): 255–279. doi: 10.1080/07418820902763889 .
  6. Tyler, Tom R.; Fagan, Jeffrey; Geller, Amanda (December 2014). "Street Stops and Police Legitimacy: Teachable Moments in Young Urban Men's Legal Socialization". Journal of Empirical Legal Studies. 11 (4): 751–785. doi:10.1111/jels.12055. S2CID   10946576.
  7. Harkin, Diarmaid (November 2015). "Police legitimacy, ideology and qualitative methods: A critique of procedural justice theory". Criminology & Criminal Justice. 15 (5): 594–612. doi:10.1177/1748895815580397. ISSN   1748-8958.
  8. Walters, Glenn D.; Bolger, P. Colin (2018-09-14). "Procedural justice perceptions, legitimacy beliefs, and compliance with the law: a meta-analysis". Journal of Experimental Criminology. 15 (3): 341–372. doi:10.1007/s11292-018-9338-2. ISSN   1573-3750.
  9. Mazerolle, Lorraine; Bennett, Sarah; Davis, Jacqueline; Sargeant, Elise; Manning, Matthew (2013-02-20). "Procedural justice and police legitimacy: a systematic review of the research evidence". Journal of Experimental Criminology. 9 (3): 245–274. doi:10.1007/s11292-013-9175-2. ISSN   1573-3750.

Further reading