Latin Roots The word justice is derived from the Latin words jungere (to bind, to tie together) and jus (a bond or tie), reflective of a conjoined notion that functions as a tool to organize people into groups and distribute each person his or her due share of rights and duties, rewards and punishments. The … read more
Fairness
Essential to the rule of law is that criminal justice systems are effective and fair.
Procedural justice (sometimes called procedural fairness) is the idea that we perceive fairness of the process and how we're treated as even more important than the perceived fairness of the outcome.
According to Tom Tyler of Yale Law School, procedural fairness consists of 5 things:
- Voice: Belief that your side of the story has been heard
- Respect: All representatives/players in the system treat you with dignity and respect
- Neutrality: Perception that the judicial process is unbiased and trustworthy
- Understanding: You comprehend the process and how decisions are made
- Helpfulness: Do system players show interest in your situation to the extent the law allows
Why is fairness so important? The criminal justice system is under constant public and political scrutiny, and must always be demonstrating its legitimacy.
The fact is, people are more likely to comply with the law and cooperate with enforcement efforts when they feel the system and its actors are legitimate. And, for most of us, legitimacy boils down to one thing: fairness.
