Procedural Justice in Their Eyes: A Qualitative Interview Study Among Detainees

Abstract

The literature on procedural justice has been mainly focused on examining whether a fair and respectful treatment affects justice-involved individuals' legitimacy evaluations and their behavior. It is, however, equally important to examine (a) the role that perceptions of procedural justice play for individuals in their encounters with criminal justice authorities and (b) what makes individuals feel treated procedurally (un-)just. In this qualitative study, semi-structured interviews were conducted with 35 detainees in a Dutch prison, asking questions about their encounters with police officers, prison staff, judges, and probation officers. The findings showed that the majority of detainees raised issues of procedural justice, indicating that procedural justice plays an important role for them. In addition, five elements primarily shaped detainees' perceptions of procedural justice: (1) trustworthy motives, (2) interpersonal treatment, (3) neutrality, (4) participation, and (5) agency and process information. These elements of procedural justice were mentioned after encounters with most authorities.

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