Beyond Ability to Pay: Procedural Justice and Offender Compliance With Restitution Orders

2018 ◽  
Vol 62 (13) ◽  
pp. 4314-4331 ◽  
Author(s):  
Andrew S. Gladfelter ◽  
Brendan Lantz ◽  
R. Barry Ruback
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Financial Resources ◽  
Ability To Pay ◽  
Behavior Intention ◽  
Fair Treatment

Restitution to victims is rarely paid in full. One reason for low rates of payments is that offenders lack financial resources. Beyond ability to pay, however, we argue that fair treatment has implications for offender behavior. This study, a survey of probationers who owed restitution, investigated the links between (a) ability to pay, (b) beliefs about restitution and the criminal justice system, and (c) restitution payment, both the amount paid and number of payments. Results indicate that perceived fair treatment by probation staff—those most directly involved with the collection of restitution payments—was significantly associated with greater payment, net of past payment behavior, intention to pay, and ability to pay. Because restitution has potentially rehabilitative aspects if offenders pay more of the court-ordered amount and if they make regular monthly payments, how fairly probation staff treat probationers has implications for both victims and for the criminal justice system.

A problem-solving approach to criminalised women in the Australian context

2021 ◽  
pp. 1037969X2098510
Author(s):  
Megan Beatrice
Keyword(s):  
Criminal Justice ◽  
Problem Solving ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Therapeutic Jurisprudence ◽  
Upward Trend ◽  
Complex Needs ◽  
Australian Context

The upward trend of incarceration rates persists among women in Victoria, with increasingly punitive sentencing and onerous new bail laws. At the same time, the complex needs of women in the criminal justice system are becoming the focus of greater study and documentation. This article presents the case for a specialist women’s list under the Magistrates’ Court of Victoria jurisdiction, based in principles of therapeutic jurisprudence and procedural justice. While the list aims to reduce offending by addressing criminogenic factors unique to women, the picture is far bigger; the Victorian Women’s Court ultimately promotes justice for women who commit crimes.

scholarly journals Investigating the Impact of Jury Sentencing Recommendations Using Procedural Justice Theory

2017 ◽  
Vol 20 (4) ◽  
pp. 535-568 ◽  
Author(s):  
Gianni Ribeiro ◽  
Emma Antrobus
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Frustration Effect ◽  
Public Confidence ◽  
Justice Theory ◽  
Perceptions Of Fairness ◽  
Sentencing Recommendations ◽  
The Impact

Public confidence in the criminal justice system is critical for the system to function effectively. Two studies investigated the impact of jury sentencing recommendations on public confidence using procedural justice theory. The first study (N = 80) manipulated the presence of jury involvement in sentencing (voice present versus voice absent) and the punitiveness of the minimum non-parole period (more punitive versus less punitive) to examine whether giving juries a “voice”—a key element of procedural justice—would increase public confidence in the courts, as well as perceptions of fairness and legitimacy. Contrary to predictions, results revealed that a more punitive sentence led to increased perceptions of legitimacy, which was associated with higher confidence. The second study (N = 60) examined whether manipulating the Judge’s agreement with the jury’s recommendation—as well as the Judge’s reason for disagreement—would elicit the “frustration effect,” leading to a decrease in confidence and perceptions of fairness and legitimacy. There was no evidence to suggest that the frustration effect was present. Results of both studies could suggest that jury sentencing recommendations may not effectively increase public confidence and perceptions of fairness and legitimacy in the courts, however alternate explanations are discussed.

Perceptions of Fairness and Satisfaction in Lawyer–Client Interactions Among Young Offenders in Hong Kong

2016 ◽  
Vol 11 (2) ◽  
pp. 266-285 ◽  
Author(s):  
Wing Hong Chui ◽  
Kevin Kwok-Yin Cheng
Keyword(s):  
Hong Kong ◽  
Mixed Methods ◽  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Young Offenders ◽  
Regression Analyses ◽  
Mixed Methods Approach ◽  
Perceptions Of Fairness

This study used a mixed methods approach to examine the perceptions of fairness and satisfaction young offenders have toward their lawyers in the Hong Kong criminal justice system, drawing on procedural justice theory. A sample of 168 young offenders aged between 14 and 21 years old was surveyed. Regression analyses indicated that participants who had private lawyers were more satisfied compared to those who had duty lawyers. Two elements of procedural justice, participation, and trustworthiness, demonstrated the strongest influence on youths’ satisfaction with their lawyers. Supplementary interviews with 30 young defendants further explained the discrepancy, revealing that the limited amount of time spent by duty lawyers in meetings and their detached focus contributed to clients’ low perceptions of participation and trustworthiness.

scholarly journals Crime Stories: Posnerian Pragmatism, Rawlsian Pure Procedural Justice, and the Fictional Problem

2004 ◽  
Vol 9 (2) ◽  
pp. 644-654 ◽  
Author(s):  
John R Morss
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Procedure ◽  
Criminal Trial ◽  
Double Jeopardy ◽  
Past Event ◽  
Crime Stories

[There are many different ways in which law and truth may be said to be related. It is perhaps in the criminal trial that connections between them are of most signifi- cance. An orthodox way of describing a criminal trial is that the criminal procedure is seeking to establish the truth concerning some past event, and that success of the procedure is measured by how close its outcome converges with that truth. Crimi- nal justice presents the community with challenging dilemmas in this regard, such as those arising from the notion of double jeopardy. This paper discusses the Rawl- sian notions of ‘imperfect’, ‘perfect’ and ‘pure’ procedural justice, and suggests against Rawls that it is pure procedural justice that best represents what we want from a criminal justice system. Good procedure makes good criminal law. A com- parison is made with the writings of Habermas and Posner, and given that pure procedural justice eschews transcendental truths, some brief comments are made on the convergence of that position with the realm of the fictional.] 

scholarly journals Victims of crime

2018 ◽  
Vol 34 (2) ◽  
Author(s):  
Khắc Hải Nguyễn
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Routine Activity ◽  
Access To Justice ◽  
Fair Treatment ◽  
Victims Of Crime ◽  
Definition Of ◽  
Core Issues

Research clarifies basic issues related to victims of crime as a social and legal phenomenon. Study gives definition of victims of crime, analyses victimization and its causes developed rely on theories as lifestyle model, routine activity approach and opportunity. Besides, the article studies international standard and the rights of victims like access to justice and fair treatment, restitution, compensation, and assistance. The role of victims of crime in criminal justice system and government’s responsibility are also core issues mentioned in the research. 

Predictors of satisfaction with Kenya’s police and Kenya’s criminal justice system: Results from a sample of Kenyan college students

2018 ◽  
Vol 92 (4) ◽  
pp. 296-315 ◽  
Author(s):  
Daniel K Pryce ◽  
George Wilson ◽  
Kenethia Fuller
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Personal Experience ◽  
Justice System ◽  
Comparative Assessment ◽  
College Campus ◽  
Highly Educated ◽  
Victims Of Crime ◽  
The Relationship

Although the influence of procedural justice on citizens’ satisfaction and cooperation with police has been tested in several geopolitical contexts, this is the first study to examine the relationship between procedural justice and satisfaction with Kenya’s police and Kenya’s criminal justice system on a Kenyan college campus. Using a sample of 523 students from a prominent Kenyan university, we found that procedural justice and officer integrity predicted satisfaction with both Kenya’s police and criminal justice system. Also, more highly educated students (sophomores, juniors, and seniors, compared to freshmen) were more satisfied with both the Kenyan police and criminal justice system. Conversely, victims of crime in the community were less satisfied with Kenyan police, and students who had a negative personal experience with police were less satisfied with the country’s criminal justice system. Although instrumental factors of policing (e.g., police effectiveness) were not tested in this study, thus precluding a comparative assessment of normative and instrumental models of policing, this study contributes to the extant literature by pointing out the salience of procedural justice and officer integrity for improving the relationship between the police and the communities they are sworn to serve. The study’s implications for policy are discussed.

scholarly journals Police Procedural Justice, Lawyer Procedural Justice, Judge Procedural Justice, and Satisfaction With the Criminal Justice System: Findings From a Neglected Region of the World

2020 ◽  
Vol 31 (9) ◽  
pp. 1286-1311 ◽  
Author(s):  
Daniel K. Pryce ◽  
George Wilson
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Sub Saharan Africa ◽  
Future Research ◽  
Police Procedural ◽  
Sub Saharan ◽  
Universal Applicability ◽  
The Impact

Although the impact of procedural justice on citizens’ satisfaction with the police and other branches of the criminal justice system has been tested in several geopolitical contexts, this is the first study to examine the relative impacts of police procedural justice, lawyer procedural justice, and judge procedural justice on satisfaction with a country’s criminal justice system. To assess the universal applicability of procedural justice, scholars must carry out research in all geopolitical regions. However, sub-Saharan Africa appears to be a region that scholars have neglected for far too long. As a result, the current study assesses the relative impacts of three strands of procedural justice—police, lawyer, and judge—on satisfaction with the criminal justice system in Kenya. Using a sample of 523 students from a prominent Kenyan university, we found that all three strands of procedural justice predicted satisfaction with Kenya’s criminal justice system under the country’s new Constitution, although judge procedural justice exerted the strongest influence on satisfaction. Also, less highly educated students (first-year students, compared to sophomores, juniors, and seniors) and male students were more satisfied with Kenya’s criminal justice system. The study’s implications for policy and future research are discussed.

scholarly journals Trust of Socially Vulnerable Groups on Criminal Justice System of Pakistan

2021 ◽  
Vol 9 (3) ◽  
pp. 175-185
Author(s):  
Khalil Ahmad
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Moral Authority ◽  
Vulnerable Groups ◽  
Women Prisoners ◽  
Fair Treatment ◽  
Distributive Fairness ◽  
Socio Economic Variables ◽  
Socially Vulnerable Groups

The present research analyzed the trust of juvenile and women prisoners in the criminal justice system of Pakistan with a focus upon the perceived legitimacy and effectiveness of justice institutions for procedural and distributive fairness. Data were collected from both under-trial and convicted juvenile and women prisoners from Borstal Institute and District Jail Faisalabad respectively. Although larger proportions of the respondents recognized and accepted the authority of various justice institutions for rule of law, a significant number of respondents viewed that justice institutions protect the interests of powerful people and do not represent moral authority. Police lacked the trust of the respondents for procedural fairness in terms of respect, impartiality, and fair treatment. However, courts have been trusted for impartiality and fair treatment compared to police and other justice institutions. The logistic results indicated educational attainment, age, prison status, and income level differently influenced experiences of the prisoners towards procedural and distributive fairness of justice institutions. Younger, illiterate, and under-trial prisoners with relatively low household income levels had low perceived legitimacy of justice institutions and less trust in the criminal justice system. Low scoring on socio-economic variables seemed to be related to increased vulnerability of the prisoners, in turn, less trust in the criminal justice system.

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