Trust and Legitimacy in Criminal Justice

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Trust and Legitimacy in Criminal Justice ThiS is a FM Blank Page Gorazd Meško Justice Tankebe Editors Trust and Legitimacy in Criminal Justice European Perspectives Editors Gorazd Meško Faculty of Criminal
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Trust and Legitimacy in Criminal Justice ThiS is a FM Blank Page Gorazd Meško Justice Tankebe Editors Trust and Legitimacy in Criminal Justice European Perspectives Editors Gorazd Meško Faculty of Criminal Justice and Security University of Maribor Maribor, Ljubljana Slovenia Justice Tankebe Institute of Criminology University of Cambridge Cambridge United Kingdom ISBN ISBN (ebook) DOI / Springer Cham Heidelberg New York Dordrecht London Library of Congress Control Number: Springer International Publishing Switzerland 2015 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com) Preface Criminal Justice in Europe: A Study of Aspects of Trust and Legitimacy Legitimacy and trust are not new concepts to criminology. For example, in Causes of Delinquency, Hirschi (1969: 127) hypothesized and tested the influence of legitimacy on delinquency: If a person feels no emotional attachment to a person or institution, the rules of that person or institution tend to be denied legitimacy. However, it was Tyler s work that has sparked the explosion in research on trust and legitimacy over the last two decades. Tyler s Why People Obey the Law (Tyler, 2006) offered an analysis and interpretation of results of a telephone survey of residents in Chicago. A major strength of the book was the methodological and theoretical insights that would guide future empirical analysis of these concepts, in particular legitimacy. What emerges from Tyler s analysis is the centrality of procedural justice in people s judgments about the legitimacy of criminal justice institutions. Trust and legitimacy have featured prominently in the various studies that have followed the initial work by Tyler. Although closely related, legitimacy and trust are conceptually distinct. The former describes power that is acknowledged as rightful by relevant agents, who include power holders and their staff, those subject to the power and third parties whose support or recognition may help confirm it (Beetham, 2013: 19). In addition to its emphasis on the normative character of legitimacy, Beetham s (ibid.) definition has the additional merit of drawing our attention to a need to conceptualize and investigate legitimacy from the perspectives of all relevant parties in a power relationship. Also implicit in this definition is legitimacy s focus on judgements about the present; in other words, it is concerned with recognition of claims to exercise power here and now, rather than in the future (Bottoms & Tankebe, 2012). Trust, on the other hand, is future oriented: it is a positive feeling of expectation regarding another s future actions (Barbalet, 2009: 375). v vi Preface There is now a large body of evidence to show that legitimacy is a key mechanism fostering social order in different settings. Specifically, legal compliance and support for criminal justice institutions have been linked to the levels of trust and legitimacy these institutions command among their various audiences. Over the two decades of legitimacy research, various extensions and innovations have occurred. Some studies have sought to examine the extent to which the legitimacy-compliance and legitimacy-cooperation relationships are replicable in sociopolitical contexts beyond North America. Others have focused on improving methodological and theoretical issues within the field (e.g., Bottoms & Tankebe, 2012; Jackson, Bradford, Stanko, & Hohl, 2012; Reisig, Bratton, & Gertz, 2007). The papers collected in this book represent an attempt to extent further our knowledge in what is still a relatively nascent field. The papers present in this volume address in varying combinations the meaning of trust and legitimacy across different contexts, across time, among different demographic groups. It is not solely from the standpoint of power audiences but also power holders. The book is organized into two major parts. In the opening chapter, Susanne Karstedt focuses on legitimacy in transitional democracies in order to address various important questions: first it explores how the processes of transition shape the legitimacy of criminal justice institutions. Second, it discusses why institutions lose moral recognition and the processes involved in repairing or recovering from illegitimacy. Finally, Karstedt investigates the kinds of institutional changes within the broader society that mostly impinge on the legitimacy of criminal justice. In Chap. 2, Julian Roberts and Mojca M. Plesničar explore the relationship between the nature of a sentencing regime and public perceptions of penal legitimacy, or what we refer to as empirical legitimacy, in terms of public attitudes to sentencing and the reasons why the public in many countries may perceive their sentencing systems as lacking legitimacy, on the one hand, and ways of enhancing public perceptions of sentencing legitimacy, on the other, outlining a high-legitimacy sentencing regime s features. The chapter by Jan van Dijk focuses on victims and their perceptions of legitimacy, and how these perceptions predict the willingness of former victims to subsequently report their victimization, revising the results of older rounds of the International Crime Victims Surveys (ICVS) from a procedural justice perspective to finally arrive at the conclusion that procedural justice for victims should be at the center of programs aimed at strengthening legitimacy of police forces in the European Union. Witold Klaus, Konrad Buczkowski, and Paulina Wiktorska discuss victim empowerment from a victimological perspective and on three levels: legislative issues (selected Polish statutes aimed at giving greater protection to victims of crime); verifications of how these legislative assumptions actually work in practice (i.e., to what extent the justice system actually supports and protects the interests of victims of crime, preventing their secondary victimization); and a relevant discourse analysis. These and other issues raised allow for an evaluation of whether or Preface vii not the rights of victims have been incorporated into the real aims of the Polish justice system, or whether or not they remain no more than a pipe dream. Paul Ponsaers in a chapter discusses the issue of whether or not the police themselves can manage the problem of legitimacy, for in need of public trust and confidence, they cannot but increase their effectiveness. Contrary to this position, Ponsaers argues that the police are not active agents in building their legitimacy, drawing on the classic Weberian sociological meaning of legitimacy by invoking the distinction between normative and empirical legitimacy. Trust seems to be tied to variations in social mechanisms beyond the reach of the police, and a vicious circle is established: while police legitimacy is not police property, it is political decision makers who influence public confidence, institutional trust, and, ultimately, police legitimacy. Benjamin Flander and Aleš Bučar Ručman focus on legitimacy of criminaljustice systems in Central and Eastern Europe (CEE) in transition. Legitimacy issues are addressed through critical assessment of crime trends, crime policy, criminal law reforms, imprisonment, and trust in legal and criminal justice institutions. With vast political, economic, and social changes starting with the 1980s and resulting in disturbing changes in social and value systems inducing growing public fear of crime and criminal justice policies yielding to the populist neoliberal and neoconservative law-and-order solutions implementing ever-harsher penalties, lower standards of substantive/procedural rights, and wider powers of the formal social control agencies, criminal-justice systems of CEE countries seem to have experienced a transformation from illegitimate communist criminal-justice systems into democratic models of criminal justice pestered by the crisis of legitimacy. Part II begins with a chapter by Jonathan Jackson, Mike Hough, Ben Bradford, and Jouni Kuha. They examine the proposition that legitimacy judgments involve two interconnected beliefs: one related to the concepts of consent and authorization (Do people believe that an entity of authority has the right to dictate appropriate behavior?), and the other to moral validity (Do people believe that this authority exercises its powers in the ways consistent with the prevailing norms of appropriate conduct?). Marshaling data from Round 5 of the European Social Survey, they first assess the scaling properties of measures of police legitimacy using the data from the UK and then examine usefulness of three different ways of representing legitimacy within a larger model of public cooperation with the police. In this contribution, Jerneja Šifrer, Gorazd Meško, and Matevž Bren summarize the findings of previous legitimacy studies and claim that legitimacy is a strong predictor of compliance with the law and public trust in fairness of justice officials, substantiating their claims on four surveys conducted in Slovenia using structural equation modeling (SEM): trust in the justice module of the European Social Survey (Round 5); test of Tyler s model on why people obey the law in Slovenia; adult high school student survey Slovenia; and the study on law students about legitimacy in Slovenia. Despite different formulations of legitimacy and a different focus of its prediction in different studies, their message is one and the same: relationships between dimensions of public trust and fairness of justice officials and viii Preface dimensions of legitimacy are clear and strong, but trust in (fairness of) the police is paramount. Branko Lobnikar, Andrej Sotlar, and Maja Modic in a chapter on trust in plural policing begin their reflection with the statement that there exist many studies of public confidence in authorities in Western Europe and the USA, but not in the countries of Central and Eastern Europe, as these governments and police forces lack awareness of the level of their performance being based not only on their effective investigation of criminal offenses and maintenance of public order, but also on the adoption, support, and trust that citizens show the police and the plural police community. They analyze the existing research findings on public confidence in policing bodies from the countries of Central and Eastern Europe and draw attention to the gaps existing in this field of study. Nathalie Guzy and Helmut Hirtenlehner believe that according to Tom Tyler s procedural justice theory, public trust in or perceived legitimacy of the police plays a central role in enhancing citizens cooperation with this institution. As reporting a crime to the police marks an important form of public cooperation, the authors examine the interrelationships between personal experiences with the police, various dimensions of trust in the police, and victims reporting behaviors through means of a large-scale victimization survey carried out in Germany. The results support, in part, the hypothesized relationships and reveal dangerous pitfalls in approaching this issue with the data collected in standard victimization surveys. Gorazd Meško and Katja Eman present findings from a cross-national survey of law students relating to legitimacy of policing and criminal justice in seven Central and Eastern European countries, implying a certain degree of significance of legitimacy and trust in police and criminal justice, and of similar findings on the effect of procedural justice, police effectiveness, and authority on legitimacy. The results imply that legitimacy and trust in the police are related to particular levels of democratization. Nevertheless, they also show differences among the studied countries and a negative attitude towards the police. Improvements in this segment are needed, as these respondents are future legal professionals. The standard empirical focus of legitimacy is on what Bottoms and Tankebe (2012) call audience legitimacy. That is to say the recognition of the rightness of power from the standpoint of those who are subject to power (e.g., suspects, offenders, and victims). What still remains largely unexplored is power-holder legitimacy or self-legitimacy. This refers to power holders own belief in their entitlement to power. This latter dimension of legitimacy is the subject of Justice Tankebe and Gorazd Meško s chapter. Using survey data from a sample of police officers in Slovenia, the authors examine the correlates of power-holder legitimacy, and explore the influence of power-holder legitimacy on police decision choices, including the decision to use force and self-reported pro-organizational behavior. Preface ix As this volume is a result of a fruitful scientific cooperation of the leading European criminologists studying different aspects of legitimacy of criminal justice in contemporary Europe, we believe that it will deserve attention by social scientists, especially criminologists, policy makers, criminal justice practitioners, and students of criminology, criminal justice, and police studies. Cambridge, UK Gorazd Meško Justice Tankebe References Barbalet, J. (2009). A characterization of trust, and its consequences. Theory and Society, 38(4), Beetham, D. (2013). Revisiting Legitimacy, Twenty Years On. In J. Tankebe & A. Liebling (eds.), Legitimacy and Criminal Justice: An International Exploration. Oxford: Oxford University Press. Bottoms, E. A., & Tankebe, J. (2012). Beyond procedural justice: A dialogic approach to legitimacy in criminal justice. Journal of Criminal Law and Criminology, 102(1), Hirschi, T. (1969). Causes of delinquency. Berkeley: University of California Press. Jackson, J., Bradford, B., Stanko, E. A., & Hohl, K. (2012). Just authority? Trust in the police in England and Wales. Oxford: Routledge. Reisig, M. D., Bratton, J., & Gertz, M. G. (2007). The construct validity and refinement of processbased policing measures. Criminal Justice and Behaviour, 34(8), Tyler, T. R. (2006). Why people obey the law. Princeton: Princeton University Press. ThiS is a FM Blank Page Acknowledgements This book would not have been possible without the financial support of the Slovenian Research Agency and its funding of the research project on legitimacy of policing, criminal justice, and execution of penal sanctions in Slovenia and other Eastern European countries. In September 2013, some of the authors had met at the Faculty of Criminal Justice, University of Maribor, to discuss early drafts of the chapters of this volume. We are grateful to the authors for their original contributions and persistence during the editing process and deeply thankful to numerous colleagues for their comments on early drafts of the papers and later in the peer review process. We would like to thank Barbara Błońska, Ben Bradford, Avi Brisman, Elke Devroe, Jan van Dijk, Chuck Fields, Benjamin Flander, Christian Grafl, Helmut Hirtenlehner, Mike Hough, Katrin Hohl, David Jenks, Michael Levy, Ian Loader, Kristina Murphy, Mahesh Nalla, Mike Reisig, Judah Schept, Wesley Skogan, Tal Jonathan-Zamir, and Aleš Završnik, the peer reviewers, for harnessing their expertise, creativity, and constructive criticism to improve the quality of the chapters and the entire volume on exploring legitimacy of criminal justice in Europe, as their contributions are huge. Without their help this volume would fail to be such an academic achievement. We are indebted to Maja Modic, Nataša Knap, Barbara Čuvan, Jerneja Šifrer, and Branko Ažman, from the Faculty of Criminal Justice and Security, University of Maribor, for their administrative support, correspondence with the authors, and technical editing of the manuscript. Special thanks go to Ms. Katherine Chabalko for encouraging us to publish this volume and her support in the process of editing. Last but not least, we hugely appreciate and are thankful for the support given by Springer s copyediting service. Ljubljana and Cambridge, 2014 Gorazd Meško Justice Tankebe xi ThiS is a FM Blank Page Contents Part I Legitimacy and Criminal Justice Trust in Transition: Legitimacy of Criminal Justice in Transitional Societies... 3 Susanne Karstedt Sentencing, Legitimacy, and Public Opinion Julian V. Roberts and Mojca M. Plesničar Procedural Justice for Victims in an International Perspective Jan van Dijk Empowering the Victims of Crime: A Real Goal of the Criminal Justice System or No More Than a Pipe Dream? Witold Klaus, Konrad Buczkowski, and Paulina Wiktorska Is Legitimacy Police Property? Paul Ponsaers Lost in Transition: Criminal Justice Reforms and the Crises of Legitimacy in Central and Eastern Europe Benjamin Flander and Aleš Bučar Ručman Part II Exploring Trust and Legitimacy in Police Empirical Legitimacy as Two Connected Psychological States Jonathan Jackson, Mike Hough, Ben Bradford, and Jouni Kuha Assessing Validity of Different Legitimacy Constructs Applying Structural Equation Modeling Jerneja Šifrer, Gorazd Meško, and Matevž Bren xiii xiv Contents Do We Trust Them? Public Opinion on Police Work in Plural Policing Environments in Central and Eastern Europe Branko Lobnikar, Andrej Sotlar, and Maja Modic Trust in the German Police: Determinants and Consequences for Reporting Behavior Nathalie Guzy and Helmut Hirtenlehner Legitimacy of Policing in Central and Eastern Europe: Results from a Cross-National Law Student Survey Gorazd Meško and Katja Eman Police Self-Legitimacy, Use of Force, and Pro-organizational Behavior in Slovenia Justice Tankebe and Gorazd Meško Index List of Contributors Ben Bradford Centre for Criminology, University of Oxford, Oxford, UK Matevž Bren Faculty of Criminal Justice and Security, University of Maribor, Institute of Mathematics, Physics and Mechanics, Konrad Buczkowski Institute of Legal Studies, Polish Academy of Sciences, Warsaw, Poland Jan van Dijk INTERVICT, University of Tilburg, Tilburg, The Netherlands Katja Eman Faculty of Criminal Justice and Security, University of Maribor Benjamin Flander Faculty of Criminal Justice and Security, University of Maribor, Nathalie Guzy Department of Police Crime Statistics, Criminology and Criminal Investigation Analysis, Federal Criminal Police Office, Wi
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