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Department
Woodsworth College Courses
Course Code
WDW101Y1
Professor
William Watson

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Tyler Procedural Justice, Legitimacy and the Effective Rule of Law
-key factors shaping public behaviour is the fairness of the processes legal authorities to use when dealing with
members of the public
-ability of the legal system to encourage general compliance with the law and cooperation with the police
-such laws need generally to be widely obeyed by members of the public in their everyday lives
-fairness of the process by which legal authorities make decisions and treat members of the public is highly
important
Procedural Elements quality of decision making, quality of treatment process based judgements procedural
justice, motive-based trust supportive values (legitimacy) and immediate decision acceptance general
cooperation, long term decision acceptance, compliance, cooperation, empowerment
-while the police can, and often do compel obedience through the threat or use of force, they can also gain the
cooperation of the people with whom they deal through buying in
-people are more likely to consent and cooperate if they feel that they have been treated fairly
-our concern is that people will naturally resist the efforts of legal authorities to restrict and regulate their
behaviour
-in the immediate presence of a police officer, or when in court in front of a judge, people are likely to comply with
the decisions made by these legal authorities
-the legal system seeks to promote three types of desirable general behaviour among the public: compliance with the
law, cooperation with legal authorities and support for the empowerment of the law
-tapping into peoples desire to see justice done
-the quality of their interpersonal treatment by the authorities, whether they feel they are being treated with dignity
and respect
Quality of decision making, Quality of treatment, Actions understandable, Social bonds procedural justice,
motive-based trust, outcome favourableness, fairness, predictability
-people are more trusting of the motives of others whose actions they feel they can understand or with whom they
feel they have shared social bonds
Instrumental models of behaviour
Risk - people as rational self-interested actors, want to minimize their personal costs and maximize their attainment
of rewards when dealing with others
Performance - authorities as being able to manage problems in their community
Distributive justice whether the police fairly distribute police services, providing equal protection to all
-public behaviour is rooted in evaluations of the legitimacy of the police and courts
Assessment of Procedural Justice summary judgements of procedural justice, inferences of motive-based trust,
judgements about the fairness of decision making, judgements about the fairness of interpersonal treatment
-procedural justice leads to compliance over time
-legitimacy is the property that a rule or an authority has when others feel obligated to defer voluntarily authority
regarded by people as entitled to have their decisions and rules accepted and followed by others
Legitimacy has two positive influences on policing people who view the police to be legitimate are generally more
willing to defer to the directives of officers; and people who view the police to be legitimate evaluate particular
officers in more strongly procedural terms
-racial profiling will lead the public to show less support for the police
-attributions of racial profiling undermine the legitimacy and support for the police and thus negatively affects the
publics compliance and cooperation with police authorities
-people are less likely to infer that they are being profiled if police make their decisions in neutral, objective,
consistent ways
-if police treat people fairly and politely, they are also less likely to think they are being profiled
-if people judge that police profiling is widespread, they make more negative evaluations
Restorative Justice police and courts should behave in ways that restore people to law-following behaviour
-it does not focus on shame, it focuses on obligation and responsibility however they are both aspects of internal
motivation
-focuses on feelings of obligation and responsibility to authorities
-moral values lead to guilt when a person violates his own personal standards of right and wrong
-citizens value policing involvement with them in order to solve crimes and support bike/pedestrian officers more
because they are more equal and appear as helpers and friends
-findings suggest that people would like to improve police/citizen relationships
www.notesolution.com
-restorative policing presents an issue of what responsibilities police should have
-also issue in who should deal with rule breaking; within modern societies, the state has the central authority for
deciding how to react to rule breaking, police and courts deciding on arrest and how to punish
-victims feel excluded and would like to have a greater role in deciding how criminals should be punished
MacFarlane Wrongful Convictions; The effect of Tunnel Vision and Predisposing Circumstances in the
CJS
-an accuse person is presumed innocent throughout
-public confidence in the CJS in these countries has been shaken because wrongful convictions represent a triple
failure of justice: an innocent person has been convicted and imprisoned: the truly guilty person was allowed to go
free, and, potentially, commit further crimes; and finally, the victims family, who had a sense of closure with the
conviction, has been re-victimized by opening an emotional wound, which with an increasingly cold evidentiary trail,
may never be healed
-some wrongful convictions involve accidents where no crime has been committed and can result in re-victimization
of a family that has just lost a member
-the existence of environmental factors or predisposing circumstances that foster wrongful convictions in the first
place are called noble cause corruption, an end based police and prosecutorial culture that masks misconduct as
legitimate on the basis that the guilty must be brought successfully to justice
-tunnel vision; leads justice system participants to focus prematurely on a single suspect
-eyewitness misidentification, lack of crown disclosure, police or prosecutorial misconduct and inducement of false
confessions
-pressure on law enforcement agencies to solve a crime
-public reacts to background or circumstances surrounding an offender or originating from an unpopular,
disadvantaged or minority group linked with criminal activity
-noble cause corruption; encourages investigators to blind themselves to their own inappropriate conduct
-encourages the provision and acceptance of pre-analysis and pre-decision making information
-irresistible desire to find a viable perpetrator
-curative mission can result in criminalization of innocent persons in respect to crimes that may not exist
-before evidence is presented, members of a jury may see the accused in a negative light
-noble cause corruption involves; the excessive use of force, racial profiling, suppressing adverse forensic reports,
deceptive testimony in court, and selective presentation of evidence in court
-sense of a mission; dogged pursuit of a laudable goal in the public interest
-there are clear risks that too much info about a case can distort the conclusions reached by forensic experts
-rush to a conclusion, then stubbornly cling to it
-speed becoming the overriding factor; police found their suspect and then proceeded to search for the facts to fit him
-the single-minded and overly narrow focus on a particular investigative or prosecutorial theory, so as to
unreasonably colour the evaluation of information received and ones conduct in response to that information
-tunnel vision involves an overly narrow focus on a particular investigative or prosecutorial theory
-this has the effect of colouring the evaluation of information received, and the investigate conduct in response to
that information
-the colouring process involves the unconscious filtering in of evidence that will build a case against a particular
suspect while ignoring or suppressing evidence respecting the same suspect that tends to point away from guilt
-tunnel vision can affect a single investigation or a team of investigators; it usually signals the need for a broader
investigation to ensure that normal decision-making processes are not distorted
-confirmation bias; seek or interpret information in ways that support existing beliefs, expectations or hypotheses
-hindsight bias; people tend to believe that an outcome was inevitable, or at least was much more predictable than
people originally thought -conclude that the person was the inevitable suspect from the beginning
-confidence in the truth of an allegation increases as the allegation is repeated
-the longer that investigators, prosecutors, witnesses and victims live with the belief that someone is guilty, the more
difficult it is to shed that conclusion
-close working relationship between the police and prosecutors; the roots of tunnel vision can be traced to cognitive
biases
www.notesolution.com

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Description
Tyler Procedural Justice, Legitimacy and the Effective Rule of Law -key factors shaping public behaviour is the fairness of the processes legal authorities to use when dealing with members of the public -ability of the legal system to encourage general compliance with the law and cooperation with the police -such laws need generally to be widely obeyed by members of the public in their everyday lives -fairness of the process by which legal authorities make decisions and treat members of the public is highly important Procedural Elements quality of decision making, quality of treatment process based judgements procedural justice, motive-based trust supportive values (legitimacy) and immediate decision acceptance general cooperation, long term decision acceptance, compliance, cooperation, empowerment -while the police can, and often do compel obedience through the threat or use of force, they can also gain the cooperation of the people with whom they deal through buying in -people are more likely to consent and cooperate if they feel that they have been treated fairly -our concern is that people will naturally resist the efforts of legal authorities to restrict and regulate their behaviour -in the immediate presence of a police officer, or when in court in front of a judge, people are likely to comply with the decisions made by these legal authorities -the legal system seeks to promote three types of desirable general behaviour among the public: compliance with the law, cooperation with legal authorities and support for the empowerment of the law -tapping into peoples desire to see justice done -the quality of their interpersonal treatment by the authorities, whether they feel they are being treated with dignity and respect Quality of decision making, Quality of treatment, Actions understandable, Social bonds procedural justice, motive-based trust, outcome favourableness, fairness, predictability -people are more trusting of the motives of others whose actions they feel they can understand or with whom they feel they have shared social bonds Instrumental models of behaviour Risk - people as rational self-interested actors, want to minimize their personal costs and maximize their attainment of rewards when dealing with others Performance - authorities as being able to manage problems in their community Distributive justice whether the police fairly distribute police services, providing equal protection to all -public behaviour is rooted in evaluations of the legitimacy of the police and courts Assessment of Procedural Justice summary judgements of procedural justice, inferences of motive-based trust, judgements about the fairness of decision making, judgements about the fairness of interpersonal treatment -procedural justice leads to compliance over time -legitimacy is the property that a rule or an authority has when others feel obligated to defer voluntarily authority regarded by people as entitled to have their decisions and rules accepted and followed by others Legitimacy has two positive influences on policing people who view the police to be legitimate are generally more willing to defer to the directives of officers; and people who view the police to be legitimate evaluate particular officers in more strongly procedural terms -racial profiling will lead the public to show less support for the police -attributions of racial profiling undermine the legitimacy and support for the police and thus negatively affects the publics compliance and cooperation with police authorities -people are less likely to infer that they are being profiled if police make their decisions in neutral, objective, consistent ways -if police treat people fairly and politely, they are also less likely to think they are being profiled -if people judge that police profiling is widespread, they make more negative evaluations Restorative Justice police and courts should behave in ways that restore people to law-following behaviour -it does not focus on shame, it focuses on obligation and responsibility however they are both aspects of internal motivation -focuses on feelings of obligation and responsibility to authorities -moral values lead to guilt when a person violates his own personal standards of right and wrong -citizens value policing involvement with them in order to solve crimes and support bikepedestrian officers more because they are more equal and appear as helpers and friends -findings suggest that people would like to improve policecitizen relationships www.notesolution.com
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