American Academy of Political and Social Science

Enhancing Police Legitimacy Author(s): Tom R. Tyler Source: Annals of the American Academy of Political and Social Science, Vol. 593, To Better Serve and Protect: Improving Police Practices (May, 2004), pp. 84-99 Published by: Sage Publications, Inc. in association with the American Academy of Political and Social Science Stable URL: http://www.jstor.org/stable/4127668 . Accessed: 09/04/2013 02:37
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Enhancing

Police Legitimacy

This article makes three points. First, the police need public support and cooperation to be effective in their order-maintenance role, and they particularlybenefit when they have the voluntarysupport and cooperation of most members of the public, most of the time. Second, such voluntarysupportand cooperationis linked to judgments about the legitimacy of the police. A central reasonpeople cooperatewith the police is that they view them as legitimate legal authorities, entitled to be obeyed. Third, a key antecedent of public judgments about the legitimacy of the police and of policing activities involves public assessments of the manner in which the police exercise their authority.Such procedural-justice judgments are central to public evaluations of the police and influence such evaluations separately from assessments of police effectiveness in fighting crime. These findings suggest the importance of enhancing public views about the legitimacy of the police and suggest process-based strategies for achieving that objective. Keywords: police; legitimacy; compliance; trust and confidence

By
TOM R. TYLER

Public Cooperation with the Police

One way to approach the relationship between the police andthe publicis to consider how the public impactson the effectivenessof the police in their efforts to combat crime and discussionsof maintainsocialorder.Traditional the effective exercise of legal authorityhave focused on the ability of legal authoritiesto shape the behavior of the people within the communities they police. The ability of the withtheirdirectives police to securecompliance and with the law more generally-the abilityto be authoritative-is widelyidentifiedas one key
Tom R. Tyler is a professor of psychology at New York University.His work is concerned with the dynamics of authority in groups and organizations. His books include Why People Obey the Law(1990), SocialJustice

in Groups in a DiverseSociety (1997),andCooperation

(2000).
84

DOI: 10.1177/0002716203262627

ANNALS, AAPSS, 593, May 2004

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indicator of theirviability as authorities (Easton1975;Fuller1971).Tobe effective as maintainers of social order,in other words,the police must be widely obeyed (Tyler 1990). This obedience must occur both during personal encounters between police officersand membersof the public (Tylerand Huo 2002) and in people'severydaylaw-relatedbehavior(Tyler1990). While complianceis widespread,it can never be takenfor granted.Studiesof is the norm,disobedideferenceto legalauthorities policingsuggestthat"although ence occurswith sufficientfrequencythatskillin handlingthe rebellious,the disgruntled, and the hard to manage-or those potentiallyso-have become the streetofficer's litmustest"(Mastrofski, performance Snipes,andSupina1996,272; also see Sherman1993). Studiesof police encounterswith membersof the public ratesof around20 percent(Mastrofski, Snipes,and suggestoverallnoncompliance and Parks 1996; 1999). Mastrofski, Supina McCluskey, it is difficultto gaincompliancesolelyviathe threatof use or force Furthermore, 1990, 1997b, 1997c).The police need for people to both accept their deci(Tyler sionsandfollowthe lawat leastin partbecausethey choose to do so (Easton1975; Parsons1967; Sarat1977;Tyler1990). Whyis such voluntary complianceimportant?Althoughthe police representthe threatof force and carryguns and clubs with them, it is impractical for the police to be everywhereall of the time. The must behaviorto allowthem to police relyuponwidespread, voluntary law-abiding in whichcomplianceis concentratetheirresourceson those people and situations difficultto obtain.Thisis firsttruein personalencounters.Whenpeople complyin the immediatepresenceof the police butlaterreturnto noncompliance (since"citizens who acquiesce at the scene can renege";Mastrofski,Snipes, and Supina orderin the long term. In addi1996, 283), the police have difficultymaintaining behavneed to deferto the lawin theireveryday tion,the people in the community become ior.Whenpeoplewidelyignorethe law,the resourcesof the police quickly the policebenefitfrom of order.In both situations, inadequateto the maintenance deference. widespread,voluntary In additionto the importanceof gainingcompliancewith the law,more recent discussionsof crime and social disorderemphasizethe importantrole of public cooperationto the successof police effortsto fightcrimeby preventingcrime and disorder and bringing offenders to account for wrongdoing (Sampson, and Earls 1997).The publicsupportsthe police by helpingto idenRaudenbush, criminals and crimes.In addition,membersof the publichelp the tify by reporting in effortsto combatcrimeandaddresscommupolice byjoiningtogether informal or watch"organizations nityproblems,whetherit is by workingin "neighborhood these by attendingcommunity-police meetings.As was the case with compliance, effortsarelargelyvoluntary in character, andthe police arenot genercooperative allyin a positionto rewardmembersof the publicfor theiraid. Instead,the police rely on willing public cooperation with police efforts to control crime and communitydisorder.

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Legitimacy
The valueof voluntary andsupportfromthe publicraisesthe quescooperation tion of how such cooperationand supportcan be created and maintained(Tyler and Blader2000). Traditionally, the focus in policing has been on instrumental modelsof policing.Forexample,compliancewiththe lawhasbeen viewedasbeing motivatedthroughthe creationof a credible riskthat people will be caught and calculusregardan individual's thatis, "bymanipulating punishedforwrongdoing, whether in crime the instance" 2000, 396). Similarly, (Meares ing pays particular the police are that in is evidence motivated crime public cooperation fighting by disorder. urban in and their efforts to control crime performingeffectively Evidencesuggeststhatthese instrumental perspectivesare inadequatemodels withwhichto explainpubliccooperation.In the case of sanctionthreatandcompliance, the findingsof researchsupportthe argumentthat sanctionrisksdo shape compliancebehavior(Nagin 1998), but the magnitudeof their influenceis typicallysmall.For example,based on a reviewof researchon the influenceof deterin the certaintyand rence on druguse, MacCoun(1993) estimatesthatvariations in of 5 for account severity punishment onlyapproximately percentin the variance of Paternoster with the a consistent drug-relatedbehavior, finding suggestion no role in explain(1987) that"perceived certainty[of punishment]playsvirtually al. et deviant/criminal conduct see 1983).The lowlevel (191)"(also Paternoster ing of this relationship the be that due to the difficulties police havebringingthe may riskof being caughtand punishedfor wrongdoingto high-enoughlevels to effectively influence public behavior(Ross 1982; Robinsonand Darley 1995, 1997). Thisevidencesuggeststhatdeterrenceis an inadequate basisfor securingcompliance with the law. In the case of police effectiveness in fightingcrime, evidence suggests that in the managementof police servicesmayhave contributedto police innovations the widespreaddeclinesin crime reportedin majorAmericancities duringrecent indicators show decades (KellingandColes 1996;Silverman 1999). Furthermore, of rates complaints increasingprofessionalismin policing, including declining againstthe police and lowerlevels of excessivepolice use of force againstcommunityresidents.However,studiesof the publicandpublicviewsaboutandcooperation with the police suggestthat the public'sreactionsto the police are againonly looselylinkedto police effectivenessin fightingcrime, suggestingthatpolice performanceis an insufficientbasisfor gainingthe cooperationof the public. How can the police encouragepublic cooperationand support?To have an reaeffectivestrategy forencouraging people need to haveadditional cooperation, One sonsforcooperating of instrumental assessments performance. police beyond alternative perspectiveis linked to the recognitionthat people have internalized valuesuponwhichthe police mightdrawto securecomplianceandto gaincooperation(Sherman1993;Tyler1990).A keyvaluethatpeople hold is theirwidespread supportfor the legitimacyof the police-the belief that the police are entitled to call upon the publicto followthe lawandhelp combatcrimeandthat membersof

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Whenpeople feel the publichaveanobligation to engagein cooperative behaviors. that an authorityis legitimate,they authorizethat authorityto determinewhat of an their behaviorwill be withina given set of situations.Such an authorization authorization ... Behaviorally, "seem[s]to carryautomatic authority justification. obviatesthe necessityof making judgmentsor choices. Not only do normalmoral principlesbecome inoperative,but-particularly when the actionsare explicitly ordered-a differenttype of morality, linkedto dutyto obey superiororders,tends to takeover"(KelmanandHamilton1989, 16). People,in otherwords,feel responsibleforfollowingthe directivesof legitimateauthorities (Frenchand Raven1959; Merelman1966).

When peoplefeel that an authority is legitimate, they authorize that authority to determine what their behavior will be within a given set of situations.

The roots of the modem use of legitimacyare usuallytracedto the writingsof Weber(1968).Weberarguedthatthe abilityto issuecommands thatwillbe obeyed did not rest solely on the possessionor abilityto deploypower.In addition,there were rules and authoritiesthat people would voluntarily obey. These rules and authorities the of the belief by othersthatthey ought possessed quality legitimacy, to be obeyed. Weber'sframingof the issue of legitimacyis importantbecause his articulation of the question of why people obey authoritiesdefines the modern this focusof socialscienceperspectiveson legitimacy. he distinguished In addition, is central which issuefromthe philosophical to of question whypeople ought obey, to discussionswithinlaw and politicalphilosophy(Beetham 1991). The argumentthat people's feelings about their internal obligationto obey socialnormsandrulesalsoshapetheirbehavioris equallycentralto the writingsof Freud (Hoffman 1977) and Durkheim (1947, 1986), although these authors to the is not particular focusedon people'smoralvalues.Thislegitimacyargument of all exercise to the On the be is to central police. contrary, legitimacy suggested forms of authority.For example, Selznick'sclassic examinationof authorityin industrial settingsarguesthat"thereis a demandthat rulesbe legitimate,not only in emanatingfromestablishedauthority, but also in the mannerof their formulation, in the waythey are applied,and in their fidelityto agreed-uponinstitutional purposes .... [The]obligationto obey has some relationto the qualityof the rules and the integrityof their administration" (Selznick1969, 29).

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A legitimacy-based strategyof policingincreasescooperationwith the law by and obligation.The advantageof drawingon people's feelings of responsibility such a strategylies in its abilityto facilitatevoluntary cooperation.To the degree and does not that cooperationis motivatedby personalvalues,it is self-regulatory to effectivelydeployincentivesor sancdepend upon the abilityof the authorities tions to secure desired public behavior.In such a society,only minimallevels of societalresourcesare needed to maintain socialorder,andthose resourcescan be redirectedtowardmeetingotherneeds (Tyler 2001a;TylerandDarley2000). Furmotithermore, such voluntarydeference is more reliablethan instrumentally or sitvatedcompliancebecauseit does not varyas a functionof the circumstances uation involved. Drivingup to a stop sign on a deserted road at night, internal valuesmotivatea personto stop, even when the possibility of punishmentfor lawbehavior is minimal. breaking The key empiricalissue underlyinga legitimacy-based strategyof policing is whether people'sviews about the legitimacyof the law and the police actually hasbeen examined of legitimacy behavior. The importance shapetheircooperative withpolice officers; on two distinctlevels:first,in studiesof everyday interactions of and second, on the communitylevel, with people evaluating the characteristics their communitypolice force-irrespective of whether they have had personal experiencewith police officers. Studiesof the influenceof legitimacytypicallyassesspeople'sviews about the legitimacyof the police in threeways.First,people are askedabouttheir sense of obligationto obey the police andthe law,forexample,whetherthey feel that"peoandthat"disple shouldobeythe laweven if it goes againstwhattheythinkis right" this of the law is seldom asked When type,Americans obeying justified." questions are generallyfound to expressa strongsense of obligationto defer to law and to legal authorities.Second, legitimacyhas been assessed by askingabout institutionaltrustandconfidence.People are asked,for example,which statementsthey agree with: "Thepolice are generallyhonest";"I respect the police";and "I feel proud of the police." Finally,legitimacy is sometimes measured by assessing feelings aboutthe police. When they have personalexperienceswith the police, people sometimeshave to decide whetherto acceptoutcomesthatthey do not regardas desirable,or even of the policein as fair.The keyquestionis whethertheirviewsaboutthe legitimacy officerswith whom they are dealing,shape this general,and/orof the particular willingness. TylerandHuo (2002)studiedthisquestionusinga sampleof 1,656residentsof LosAngelesandOakland. Theyfoundthattwo factorsshapedthe willingness to acceptdecisions:the degreeto whichthe decisionswere regardedas favorable and fair and the degree to which the police were generally regardedas These two factorswereof approximately equalimportance. legitimateauthorities. in found that the further Huo and volume) and this reviewed (2002, Tyler which as to viewed the degree police legitimateinfluencedthe people generally basisupon which they decided whetherto accept decisions.People could potentiallyaccept decisionsbecause those decisionswere favorableor fair.They could also accept them because they believed that the police had acted appropriately

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when dealingwiththem-that is, due to procedural justicewill justice.Procedural be discussedin moredetailin the nextsection.Process-based reactionsbenefitthe police, however,becausethey cannotalwaysprovidedesirableoutcomes,but it is almostalwayspossibleto behavein waysthatpeople experienceas being fair.The key findingof this studyof personalexperienceswas that when people generally viewed the police as legitimateauthorities,people's decisions about whether to of the proceaccept police decisionswere more stronglybased upon evaluations duraljusticeof police actions.Hence, havingpriorlegitimacy the taskof facilitated the police by leadingpeople to assess police actionsin more heavilyprocedural terms. These studiesdo not examinethe impactof legitimacyon whetherpeople help the police. We mightanticipate, forexample,thatpeople who viewedthe police as more legitimatewould be more willingto help them duringpersonalencounters or information aboutconditionsin the neighborhood by,forexample,volunteering to the identityor locationof wrongdoers. volmore be willing they might Similarly, unteer to attendpolice-community meetings. Legitimacymight also have an importantinfluence on everydaycompliance with the law.Muchof peoples'law-related behavioroccursoutsidethe immediate of some authorities, presence legal although possibilityof sanctionsalwaysexists. Theoriesof legitimacypredictthat in such settings,people'sfeelingsof obligation will shape their behavior, leadingto deference to the law.Tyler(1990) tested this in a of the of the residentsof Chicago.He attitudesandbehaviors argument study found that legitimacyhas a significantinfluence on the degree to which people thatinfluencewasdistinctfromandgreaterin magobeyedthe law.Furthermore, nitude than the influenceof estimatesof the likelihoodof being caughtand punished forwrongdoing. These findingssuggestthataspredictedbytheoriesof legitiviews about the legitimacyof authoritiesinfluence the degree to macy,people's which people obey the law in their everydaylives. Morerecently,SunshineandTyler(2003) replicated this test of the influenceof of New York on within of residents two the City.In legitimacy compliance samples influboth studies, they also found that the legitimacyof the police significantly enced compliancewith the law. Their study also extended considerationof the influence of legitimacyto a second areaof concern:cooperationwith the police. They found that those residentswho viewed the police as more legitimatewere crimimorewillingto cooperatewiththem bothby reporting crimesor identifying of crime. nals and by engagingin communityactivitiesto combatthe problems These findings supportthe basic premise of legitimacytheories. People are more willing to cooperate with legal authoritieswhen they believe that those authoritiesare legitimate.This includesboth deferringto their decisionsduring lives. Furpersonalencountersandgenerallyobeyinglegal rulesin theireveryday thermore,people are morecooperativein helpingthe police to dealwith crimein theircommunitieswhen they view the police as legitimate.Hence, as anticipated can in the workof Weber,legitimacy does representa basisuponwhichauthorities act that is distinctfromthe possessionor use of power and resources.

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for the police andthe commuLegitimacy-based policinghas clearadvantages nity.When people act based upon their feelings of obligationand responsibility, benefit behavior. they areengagingin self-regulatory Societyandsocialauthorities fromthe occurrenceof suchbehavior becauseit does not dependuponthe maintenance of a credible system of deterrence or upon the qualityof police performance. Studiessuggestthatthe maintenance of such a systemis alwayscostlyand inefficient,andin times of financialdifficultyor crisis,when publiccooperationis most clearlyneeded, it poses specialdifficultiesfor authorities. One reasonfor focusingon issues of legitimacyat this time is that recent evidence showspublicmistrust andlackof confidencein the lawandthe legalauthorities (Tyler1997a, 1998). For example,in 2002, the NationalInstitute of Justice (NIJ) found that only 27 percent of Americansexpressed"agreatdeal"of confidence in the criminaljustice system.Withinthis broadcategory,the police have received high ratings.For example,in this same study,59 percent traditionally "a expressed greatdeal"of confidencein the police.Thisis consistentwiththe sugIn gestionthatit is the courtsthatarethe particular targetof publicdissatisfaction. 1998, the General Social Survey found that only 22 percent of Americans expressed"agreatdeal"of confidencein the courts. While the higherlevels of confidenceexpressedin the police are encouraging from the perspectiveof a legitimacy-based approachto policing, a second trouof views is the that there is a strikingracialgapin views blingaspect public finding aboutlegalauthorities. Forexample,in a 2001 studyconductedbythe NIJ,63 percent of whitesexpresseda greatdealof confidencein the police, as comparedwith 31 percentof African Americans. In the case of the overallcriminal justicesystem, 27 percent of whites expresseda great deal of confidence, as comparedwith 22 percent of AfricanAmericans. The argument withthe thatlegitimacy is a keyantecedentto publiccooperation police highlightsthe importanceof being able to createand maintaina climateof public opinionin which communityresidentsgenerallyview the police as legitimate authorities.Given that perspectiveon policing,it is importantto take seriand mistrustandto askhow legitimacy ouslythe evidenceof publicdissatisfaction can be enhanced.

Enhancing Police Legitimacy: The Influence of ProceduralJustice

Given the importantrole that legitimacycan play in determiningthe level of public cooperationwith the police, it is importantto try to understandhow the Publicviewsaboutthe legitimacy police shapepublicviewsabouttheirlegitimacy. of the police might,for example,be the resultof publicassessmentsof police performance,in terms of either the abilityof the police to create a crediblesanction riskfor wrongdoersor the effectivenessof the police in fightingcrime and urban disorder. To the extent that this is true, the already-outlined importanceof legiti-

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forpolicing.Toenhancetheirlegitmacywouldnot havenew or novelimplications the would need to imacy, police effectively combat crime and apprehend wrongdoers. An alternative on proceperspectiveon legitimacyis providedby the literature duraljustice. That literaturearguesthat the legitimacyof authorities and institutions is rooted in publicviews about the appropriateness of the mannerin which the police exercisetheirauthority. In otherwords,people areviewedas evaluating authorities by assessingwhetherthey use fairprocedureswhen engagingin policing activities.These procedural judgmentsare distinctfromjudgmentsaboutthe effectiveness,valence, or fairnessof the outcomesof those activities.

When people act based upon theirfeelings of obligation and responsibility,they are engaging in self-regulatorybehavior

As in the case of legitimacy, the key empiricalissue is whetherpeople consider issues when procedural-justice makinginferences about the legitimacyof the Studies of evaluations of all types of authorities-police officers, police. people's and teachers-have all providedstrongsupjudges, politicalleaders, managers, for the basic port procedural-justice argument.When people are dealing with linked to authoritiesor institutions,their evaluationsof legitimacyare primarily assessmentsof the fairnessof the authority's or the institution's procedures.Such more to be assessments are found procedural-justice stronglylinked consistently to legitimacyjudgments than are the evaluationsof their effectiveness or the valenceor fairnessof the outcomesthey deliver(LindandTyler1988;Tyler1990, 2000a;Tyleret al. 1997;Tylerand Smith 1997). In the case of personalexperiences,studies find that when authoritiesact in ways that people experienceas being fair,people are more willingto voluntarily accept the authorities'decisions (Kitzmanand Emery 1993; Lind et al. 1993; MacCounet al. 1988;Wissler1995).These field studiesconfirmthe findingsof the andWalker earlierexperimental research(Thibaut findingsof socialpsychological role 1975).Procedural-justice judgmentsarefoundto haveanespeciallyimportant in shapingadherenceto agreementsovertime. Pruittet al. (1993) studiedthe factors leading those involvedin disputes to adhere to mediationagreementsover time and found that the proceduralfairnessof the initialmediationsettingwas a centraldeterminant of adherencesix monthslater.A second studysuggestedthat et al. procedural justice encourageslong-termobedience to the law.Paternoster

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(1997) found that spouse abuserswere less likelyto commit futureabuseswhen they experiencedprocedural justice with the police duringan initialencounter. These findingsalsoreceivesupportin the contextof encountersbetween police and membersof the public. Tylerand Huo (2002) found that procedural-justice judgmentsshapedpeople'swillingnessto acceptthe decisionsmadeby police officers and are moreimportant or fairness thanarejudgmentsaboutthe favorability of the outcomesof the encounter.Similarly, and (1996) Mastrofski, Supina Snipes, and McCluskey, and Parks(1999) foundthat the experienceof disreMastrofski, spect from the police reducescompliance.This is consistentwith the findingby Casper,Tyler,and Fisher (1988) that the satisfactionof felony defendantswith their experienceswith the police and courtswas stronglylinked to their assessments of the fairnessof the processby which their cases were handled. In a recentstudyof police encounterswith communityresidentsin two American cities that involved both interviewsand observational analysis,McCluskey (2003) used a wide varietyof indicatorsof procedural justice and found that five aspects of proceduraljustice influenced the willingnessto comply with police he found that requestsfor self-control.In particular,
holding all else constant, citizens who receive respectful treatment from authorities are almost twice as likely to comply, and those receiving disrespectful treatment are nearly twice as likelyto rebel. If the citizen'svoice is terminatedby the police they are more than twice as likelyto rebel againstthe police request for self-control.If the police demonstrate their commitment to makingan informed decision by seeking informationabout the presenting situation,citizens are more than twice as likelyto comply with the phase I request for self-control (p. 91).

The impactof procedural justiceis greatestearlyin the encounter,andat thattime, "thelikelihoodof citizen complianceis stronglyaffectedby procedurally just tactics"(p. 114). These findingssuggestthatprocedural justicehas a broadimpactuponpeople's reactionsto theirexperienceswith the police. In particular, people'swillingnessto into and decisions that buy voluntarilyaccept may require them to accept outcomes that they do not want, or to engage in self-controlover their actions, is enhancedby the judgmentthatone hasbeen treatedfairlyby the police. Furthermore, evidenceshowsthatthis deferencecontinuesovertime and shapespeople's law-related behaviorin the future.These findingssuggestthatthe procedural justice thatmembersof the publicexperienceduringtheirpersonalencounterswith the police hasboth immediateand long-termbehavioreffects. It is alsoimportant to note, however,thatprocedural justice is not alwaysfound to be important.For did not find that proceduraljustice matteredwhen example, McClusky(2003) and were the on people stopped by police the street and askedfor identification, Hickmanand Simpson (2003) found that receivingprocedurallyfair treatment fromthe police did not encouragethe victimsof domesticviolenceto reportfuture violent incidentsto the police. Hence, proceduraljustice often, but not always, facilitatesfavorable reactionsto policingactivities.

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Researchfurthersuggeststhat procedural justice duringa personalencounter with the police influencesviews about the legitimacyof the police. Tyler(1990) demonstrated thatthe procedural justice of a personalexperiencewith the police views about the shapedgeneral legitimacyof the law,a findingreplicatedby Tyler and Huo (2002). Similarly, Tyler,Casper,and Fisher (1989) foundthatthe procedural of their case justice disposition processshapedthe viewsof felonydefendants aboutthe legitimacyof the criminaljustice systemand of the law. Morerecently,Barnes(1999) has examinedthe influenceof procedural justice in a Reintegrative ShamingExperiments(RISE)-based studyof 900 Australians arrestedforintoxicated these drivershadtheircases driving.In a field experiment, referred to traditionalcourts or diversionary conferences. These conferences, as procedurideals,were viewedby participants designedusingrestorative-justice models would predict,those who attendedsuch ally fairer.As procedural-justice conferencesexpressedmorepositiveviewsaboutthe legitimacy of the legalsystem thandid those who went to court.They alsoexpressedstrongerintentionsto obey the law in the future. Whether these differences lead to differences in actual behaviorover time is unclear(Sherman2003). Of course, not all membersof the communityhave personalcontactwith the to considerpeople'sgeneralviews aboutthe police and police. It is alsoimportant activities in their communities. Basedupon a secondaryanalysisof prior policing that (2001b) surveys, Tyler argued judgmentsplaya centralrole procedural-justice in shapingpeople'sviews about the legitimacyof the police and the courts.The findingsof the foursurveysreviewedbyTyler(2001b)suggestthatpeople consider both performancein controllingcrime and proceduralfairnesswhen evaluating the police andthe courts.The majorfactor, foundto be the is consistently however, fairnessof the mannerin which the police andthe courtsarebelievedto treatcitizens. Forexample,in a studyof Oakland residentslivingin high-crime areas,it was foundthatthe primary factorshapingoverallevaluations of the policewasthe quality of their treatmentof communityresidents(whichexplained26 percent of the unique variance in evaluations),with a secondary influence of performance evaluations(whichexplained5 percent of the uniquevariance). SunshineandTyler(2003) find supportfor this argumentin two surveysof the residentsof New YorkCity.In both studies,the key antecedentof legitimacywas procedural justice.Those communityresidentswho thoughtthatthe police exercised theirauthority in fairwayswere also morewillingto complywith the lawand to cooperatewiththe police. Even in morecoercivesettings,likeprisons,cooperationis foundto be linkedto procedural Bottoms,andHay1996). justice(Sparks,

What Is ProceduralJustice?
Studies have identified a wide varietyof issues that influence the degree to whichpeople evaluatea procedure's it hasbeen foundthat fairness.Furthermore, the importanceof proceduralcriteriavaries depending upon the setting (Tyler

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1988). However,studies consistentlypoint to severalelements as key to people's procedural-justice judgments. that withprocedures is one keyelement.People aremoresatisfied Participation their allowthem to participate by explainingtheir situationsand communicating effect explains,for examviews about situationsto authorities. This participation ple, why mediationproceduresare popular (Adler,Hensler, and Nelson 1983; McEwenandMaiman1981)andsettlementconferencesarenot (Lindet al. 1990). of allowing It suggeststo policeofficersthe importance people to haveinputbefore being able to they makedecisionsabouthow to handle a problem.Interestingly, controlthe outcome is not centralto feeling that one is participating (Heinz and Kerstetter1979).Whatpeoplewantis to feel thattheirinputhasbeen solicitedand considered by decision makers, who can then frame their concerns into an resolution(Conleyand O'Barr1990). appropriate

People are more satisfied with proceduresthat allow them to participate by explainingtheir situations and communicatingtheir view about situations to authorities.

A second key element is neutrality. People thinkthat decisionsare being more made when andmaketheirdecisionsusingobjective authorities are unbiased fairly and not views. As a indicators, personal consequence,evidenceof evenhandedness a level are enhances fairness. playseeking Basically, people objectivity perceived Because people are seldom in a ing field in which no one is unfairlyadvantaged. outcomeis, theyfocuson evidence positionto knowwhatthe corrector reasonable that the decision-making outcomes are arrivedat show eviwhich proceduresby to makethatjudgment, dence of fairness.Transparency an provides opportunity arefair. whileevidenceof factuality andlackof biassuggestthatthose procedures authorities. and value with treated Third,people respectby legal dignity being The qualityof interpersonal treatmentis consistentlyfound to be a distinctelement of fairness,separatefromthe qualityof the decision-making process.Above and beyond the resolutionof their problems, people value being treated with The importanceof interpersonal politenessandhavingtheirrightsacknowledged. treatmentis emphasizedin studies of alternativedispute resolutionprocedures, which suggest that people value evidence that authorities"tookthe litigantsand the disputeseriously," "after all,the trialwasin alllikelihoodone of the mostmeticthatthe litiganthadeverexperiencedin the interactions ulous,mostindividualized

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course of his or her contactswith governmentagencies"(Lindet al. 1990). Their treatmentduringthis experiencecarriesforthem important messagesconcerning theirsocialstatus,theirself-worth, andtheirself-respect.In otherwords,reaffirming one'ssense of his or her standingin the community, especiallyin the wakeof events that demean status,such as crime victimization or being publiclystopped and questioned by the police, can be a key issue to people dealing with legal authorities. Finally,people feel that proceduresare fairerwhen they trustthe motivesof decision makers.If, for example,people believe that authoritiescare abouttheir their needs andconcerns,they viewproceduresas well-beingand are considering with specialized fairer.People are seldom able to judge the actionsof authorities expertise(doctors,judges, police officers,etc.) since people lackthe trainingand experienceto know if the actions taken were reasonableand sufficient.Hence, If they depend heavilyupon theirinferencesaboutthe intentionsof the authority. the authorities areviewed as havingactedout of a sincereandbenevolentconcern for those involved,people infer that the authorities' actionswere fair.Authorities can encouragepeople to view them as trustworthy by explainingtheir decisions and justifyingand accountingfor their conduct in ways that make clear their concernaboutgivingattentionto people'sneeds. Whyis trustsucha keyissue?Tyler(1990)foundthatthe people he interviewed that unfairtreatmentwas widespreadwhen people dealt with the acknowledged and courts. Nonetheless,over90 percentpredictedthatif they had contact police withthe police or courtsin the future,theywouldreceivefairtreatment.People,in otherwords,havea strongdesireto view the authorities as benevolentandcaring. and Thisview is directlytested duringa personalencounterwiththose authorities, the receive in views are whether fact, do, people's they powerfullyshaped by behaviorthey expect from the police or courts.

Ethnic Group Differences

These findingssuggestthatthe rootsof publictrustandconfidencein the police Giventhe alreadylie in publicviewsabouthowthe police exercisetheirauthority. to consider noted ethnic groupdifferencesin trustandconfidence,it is important whether the argument outlined applies equally to the members of all ethnic groups. TylerandHuo (2002) addressthis issue directlyin theirstudyof the acceptance of decisionsmadeby the police.Theirfindingssuggestthatprocedural justiceis an issueto the membersof three majorethnicgroups: whites,Afriequallyimportant this that can Americans,and Hispanics.Tyler (1994, 2000b) suggests finding is of procedural broaderin scope. His analysis justiceis suggeststhatthe importance maintained acrossethnicity, gender,income,education,age,ideology,andpolitical As a result,a process-based to policingis anidealwayto bridgeethparty. approach nic and other socialdivisionsin society.

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The Idea of a Law-abidingSociety

The distinction between risk/gainestimates, performanceevaluations,and of two typesof legal the possibility legitimacyas antecedentsof behaviorhighlights culture.The firstis a culturethatbuildspubliccomplianceon the basisof people's judgmentsaboutpolice performance.Such a society depends upon the abilityof legal authoritiesto create and maintaina credible presence by combatingcrime and punishingwrongdoers.The studies outlined demonstratethat while instrumental issues are important,it is difficultfor legal authoritiesto sustaina viable legal systemsimplybased upon performance. The important behavrole playedby legitimacyin shapingpeople'slaw-related ior indicatesthe possibility have in which citizens of creatinga law-abiding society the internalvaluesthat leadto voluntary deferenceto the law andto the decisions of legalauthorities such as the police. Sucha societyis baseduponthe willingconsent and cooperationof citizens. That cooperationdevelops from people's own socialbehaviorand is not linkedto the risksof apprefeelings aboutappropriate hension and punishmentor to the estimatesof the natureand magnitudeof the crime problem that people estimate to exist in their social environment.Tyler (2001a)refersto such a societyas a law-abiding society.The studiesoutlinedmake clearthat such a societyis possiblein the sense thatif people thinkauthorities are with authorities are more to to and (Tyler legitimate,they likely obey cooperate 2003; Tylerand Blader2000). A law-abiding societycannotbe createdovernightthroughchangesin the allocation of resourceswithin governmentagencies, changes that would alter the expected gains and/or risks associatedwith cooperation.It depends upon the socializationof appropriatesocial and moral values among children and the enhancementof thosevaluesamongadults.Evidencesuggeststhata core element to the creationand enhancementof such socialvalues is the judgmentthat legal authorities Thisis trueboth durexercisetheirauthority followingfairprocedures. ing personalexperienceswiththe police andthe courts,wherepeople arefoundto be morewillingto acceptdecisionsthatare fairlymade,andin generalevaluations of the police and courts,where people are foundto complywith the law and support the police and courts as institutions when they think that these same institutionsgenerallyexerciseauthority fairly.

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