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The Role of Perceived Injustice in Defendants' Evaluations of Their Courtroom Experience

Published online by Cambridge University Press:  01 July 2024

Tom R. Tyler
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Abstract

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The purpose of this study is to explore the role of perceived injustice in generating dissatisfaction with legal authorities. Using data collected in interviews with a sample of defendants in traffic and misdemeanor court, I compare the influence of case outcomes upon attitudes toward judges and courts to that of distributive and procedural justice. The results suggest that among the defendants studied the major determinant of satisfaction with legal authorities is perceived fairness. Once the influence of perceived fairness is considered, case outcomes explain no additional variation in attitudes toward courts and judges. In the conclusion, possible implications of this finding are discussed.

Type
Research Article
Information
Law & Society Review , Volume 18 , Issue 1 , 1984 , pp. 51 - 74
Copyright
Copyright © 1984 by The Law and Society Association

Footnotes

*

The questionnaire used in this study was designed in collaboration with Bill Mueller. The interviews were conducted by Tim Butler, Keith Gorski, Tim Honzel, Elizabeth Horan, Lawrence Hughes, Bill Mueller, Antoinette Odom, Nancy Spodick, Andrea Stein, and Judy Zeka. The study was conducted in the Second District Circuit Court of Cook County, Illinois. I would like to thank the Honorable Harold Sullivan, Presiding Judge, for his helpful comments on the questionnaire and for helping to conduct the study.

References

“A NATION'S TRUST” (1979) Public Opinion 27 (October/November).Google Scholar
ADAMS, J. Stacy (1965) “Inequity in Social Exchange,” in Berkowitz, L. (ed.), Advances in Experimental Social Psychology, Vol. 2. New York: Academic.Google Scholar
ANDERSON, Jill K. and Robert M., HAYDEN (1980-81) “Questions of Validity and Drawing Conclusions from Simulation Studies in Procedural Justice: A Comment,” 15 Law & Society Review 293.Google Scholar
BAKER, Ralph, MEYER, Fred A. Jr., A.M., CORBETT, and Dorothy, RUDONI (1979) “Evaluation of Police Services in Medium-Sized Cities,” 1 Law and Policy Quarterly 235.Google Scholar
BECKER, Gary S. (1976) The Economic Approach to Human Behavior. Chicago: University of Chicago Press.CrossRefGoogle Scholar
BENNETT, Stephen E. (1982) “Changes in the Public's Perceptions of Governmental Responsiveness: 1964-1980.” Presented at the Midwestern Political Science Association, Milwaukee, Wisconsin.Google Scholar
BRICKMAN, Philip and Donald T., CAMPBELL (1971) “Hedonic Relativism and Planning the Good Society,” in Appley, M.H. (ed.), Adaptation-level Theory: A Symposium. New York: Academic.Google Scholar
BRICKMAN, Philip, Daniel, COATES and Ronnie J., BULMAN (1978) “Lottery Winners and Accident Victims: Is Happiness Relative?” 36 Journal of Personality and Social Psychology 917.Google Scholar
BRIGHAM, John and Don W., BROWN (1980) Policy Implementation: Penalties or Incentives? Beverly Hills: Sage.Google Scholar
CADDELL, Patrick H. (1979) “Crisis of Confidence: Trapped in a Downward Spiral,” Public Opinion 2 (October/November).Google Scholar
CASPER, Jonathan D. (1978) “Having Their Day in Court: Defendant Evaluations of the Fairness of Their Treatment,” 12 Law & Society Review 237.Google Scholar
CITRIN, Jack (1974) “Comment: The Political Relevance of Trust in Government,” 68 American Political Science Review 973.Google Scholar
COATES, Daniel and Steven, PENROD (1980-81) “Social Psychology and the Emergence of Disputes,” 15 Law & Society Review 655.Google Scholar
CURTIN, Richard (1977) Income Equity Among U.S. Workers: The Bases and Consequences of Deprivation. New York: Praeger.Google Scholar
DOWNS, Anthony (1957) An Economic Theory of Democracy. New York: Harper and Row.Google Scholar
EASTON, David (1965) A Systems Analysis of Political Life. Chicago: University of Chicago Press.Google Scholar
EASTON, David (1968) “Political Science,” in Sills, D.L. (ed.), International Encyclopedia of the Social Sciences, Vol. 12. New York: Macmillan Co.Google Scholar
Sills, D.L. (1975) “A Re-Assessment of the Concept of Political Support,” 5 British Journal of Political Science 435.Google Scholar
EDELMAN, Murray (1964) The Symbolic Uses of Politics. Urbana: University of Illinois Press.Google Scholar
ENGSTROM, Richard L. and Michael W., GILES (1972) “Expectations and Images: A Note on Diffuse Support for Legal Institutions,” 6 Law & Society Review 631.Google Scholar
FELSTINER, William L.F., ABEL, Richard L. and Austin, SARAT (1980-81) “The Emergence and Transformation of Disputes: Naming, Blaming, Claiming…,” 15 Law & Society Review 631.Google Scholar
GAMSON, William (1968) Power and Discontent. Homewood, IL: Dorsey.Google Scholar
GREENBERG, Jerald (1978) “Effects of Reward Value and Retaliative Power on Allocation Decisions: Justice, Generosity, or Greed?” 36 Journal of Personality and Social Psychology 367.Google Scholar
GREENBERG, Jerald (1981) “The Justice of Distributing Scarce and Abundant Resources,” in Lerner, M.J. and Lerner, S.C. (eds.), The Justice Motive in Social Behavior: Adapting to Times of Scarcity and Change. New York: Plenum.Google Scholar
HEINZ, Anne (1982) “Risk Aversion and Procedural Preferences.” Unpublished manuscript, Center for Urban Affairs and Policy Research, Northwestern University.Google Scholar
HELSON, Harry (1964) Adaptation-level Theory. New York: Harper and Row.Google Scholar
JACOB, Herbert (1969) Debtors in Court: The Consumption of Government Services. Chicago: Rand McNally and Company.Google Scholar
KAHN, Arnold, NELSON, Robin E., GAEDDERT, William P. and June L., HEARN (1982) “The Justice Process: Deciding upon Equity and Equality,” 45 Social Psychological Quarterly 3.Google Scholar
KATZ, Daniel, GUTEK, Barbara A., KAHN, Robert L. and Eugenia, BARTON (1975) Bureaucratic Encounters: A Pilot Study in the Evaluation of Government Services. Ann Arbor, MI: Survey Research Center, Institute for Social Research, University of Michigan.Google Scholar
KELLING, George, PATE, Tony, DIECKMAN, Duane and Charles F., BROWN (1974) The Kansas City Preventive Patrol Experiment: A Technical Report. Washington, D.C.: Police Foundation.Google Scholar
KELMAN, Herbert C. (1969) “Patterns of Personal Involvement in the National System: A Sociopsychological Analysis of Political Legitimacy,” in Rosenau, J. (ed.), International Politics and Foreign Policy, Rev. Ed. New York: Free Press.Google Scholar
LANE, Irving M. and Lawrence A., MESSE (1972) “Distribution of Insufficient, Sufficient, and Oversufficient Rewards: A Clarification of Equity Theory,” 21 Journal of Personality and Social Psychology 228.Google Scholar
LAVER, M. (1981) The Politics of Private Desires. New York: Penguin.Google Scholar
LAWLER, Edward E. III (1977) “Satisfaction and Behavior,” in Staw, B.M. (ed.), Psychological Foundations of Organizational Behavior. Santa Monica, CA: Goodyear.Google Scholar
MICHENER, H. Andrew and Edward J., LAWLER Jr. (1975) “Endorsement of Formal Leaders: An Integrative Model,” 31 Journal of Personality and Social Psychology 216.Google Scholar
MILLER, Arthur (1974) “Political Issues and Trust in Government: 1964-1970,” 68 American Political Science Review 951.Google Scholar
MILLER, Arthur (1979) “The Institutional Focus of Political Distrust.” Presented at the American Political Science Association, Washington, D.C.Google Scholar
MULLER, Edward N. (1979) Aggressive Political Participation. Princeton, NJ: Princeton University Press.Google Scholar
MULLER, Edward N. (1980) “The Psychology of Political Protest and Violence,” in Gurr, T.R. (ed.), Handbook of Political Conflict: Theory and Research. New York: Free Press.Google Scholar
MULLER, Edward N. and Tom O., JUKAM (1977) “On the Meaning of Political Support,” 71 American Political Science Review 1561.Google Scholar
MURPHY, Walter F. and Joseph, TANENHAUS (1969) “Public Opinion and the United States Supreme Court: A Preliminary Mapping of Some Prerequisites for Court Legitimation of Regime Changes,” in Grossman, J.B. and Tanenhaus, J. (eds.), Frontiers of Judicial Research. New York: Wiley.Google Scholar
MURPHY, Walter F., Joseph, TANENHAUS and Daniel L., KASTNER (1973) Public Evaluations of Constitutional Courts. Beverly Hills, CA: Sage.Google Scholar
OPHULS, William (1977) Ecology and the Politics of Scarcity. San Francisco: Freeman.Google Scholar
PARKS, Roger B. (1976) “Police Response to Victimization: Effects on Citizen Attitudes and Perceptions,” in Skogan, W.G. (ed.), Sample Surveys of the Victims of Crime. Cambridge, MA: Ballinger.Google Scholar
PARSONS, Talcott (1963) “On the Concept of Influence,” 27 Public Opinion Quarterly 63.Google Scholar
PARSONS, Talcott (1967) “Some Reflections on the Place of Force in Social Process,” in Parsons, T. (ed.), Sociological Theory and Modern Society. New York: Free Press.Google Scholar
REIS, Harry T. and Joan, GRUZEN (1976) “On Mediating Equity, Equality and Self-Interest; The Role of Self-Presentation in Social Exchange,” 12 Journal of Experimental Social Psychology 487.Google Scholar
SARAT, Austin (1977) “Studying Legal Culture: An Assessment of Survey Evidence,” 11 Law & Society Review 427.Google Scholar
SCHEINGOLD, Stuart A. (1974) The Politics of Rights. New Haven, CT: Yale University Press.Google Scholar
LIGSON, Mitchell A. (1980) “Trust, Efficacy and Modes of Political Participation: A Study of Costa Rican Peasants,” 10 British Journal of Political Science 75.Google Scholar
SHAPIRO, Michael J. (1969) “Rational Political Man: A Synthesis of Economic and Social Psychological Perspectives,” 63 American Political Science Review 1106.Google Scholar
SHAVER, Philip (1980) “The Public Distrust,” Psychology Today 44 (October).Google Scholar
SKOGAN, Wesley G. (1975) “Public Policy and Public Evaluations of Criminal Justice System Performance,” in Gardiner, J.A. and Mulkey, M.A. (eds.), Crime and Criminal Justice: Issues in Public Policy Analysis. Lexington, MA: D.C. Heath.Google Scholar
STOVER, Robert V. and Don W., BROWN (1975) “Understanding Compliance and Noncompliance with Law: The Contributions of Utility Theory,” 56 Social Science Quarterly 363.Google Scholar
STRUMPEL, Burkhard (1976) “Economic Deprivation and Societal Discontent,” in Strumpel, B. (ed.), Economic Means for Human Needs. Ann Arbor, MI: Survey Research Center, Institute for Social Research, University of Michigan.Google Scholar
THIBAUT, John and Laurens, WALKER (1975) Procedural Justice: A Psychological Analysis. Hillside, NJ: Lawrence Erlbaum.Google Scholar
TYLER, Tom R. and Andrew, CAINE (1981) “The Influence of Outcomes and Procedures on Satisfaction with Formal Leaders,” 41 Journal of Personality and Social Psychology 642.Google Scholar
TYLER, Tom R. and Robert, FOLGER (1980) “Distributional and Procedural Aspects of Satisfaction with Citizen-Police Encounters,” 1 Basic and Applied Social Psychology 281.Google Scholar
TYLER, Tom R. and Eugene, GRIFFIN (1982) “Distributive Justice: The Relationship Between Relative Deprivation and Inequity.” Unpublished manuscript, Psychology Department, Northwestern University.Google Scholar
WAHLKE, John C. (1971) “Policy Demands and System Support: The Role of the Represented,” 1 British Journal of Political Science 271.Google Scholar
WALKER, Laurens, LEND, Allan E. and John, THIBAUT (1979) “The Relation between Procedural and Distributive Justice,” 65 Virginia Law Review 1401.Google Scholar
WALSTER, Elaine H., WALSTER, William G. and Ellen, BERSCHEID (1978) Equity: Theory and Research. Boston: Allyn and Bacon.Google Scholar
WRIGHT, James D. (1981) “Political Disaffection,” in Long, S. (ed.), Handbook of Political Behavior, Vol. 4. New York: Plenum.Google Scholar