Abstract
Qualitative interviews with one hundred defendants in Dutch criminal cases
examine whether perceived procedural justice is a relevant concern for
defendants, and, if so, which procedural justice components they refer
to. The study provides a point of epistemological departure from the quantitative
studies dominating the field, as it assessed which components of procedural
justice (if any) respondents put forward themselves rather than asking
about predetermined procedural justice components. The large majority of
respondents mentioned procedural justice issues themselves, and six components were at the core of their procedural justice perceptions: (1) information on which decisions are based, (2) interpersonal treatment, (3) due consideration, (4) neutrality, (5) voice, and (6) accuracy. Although these procedural justice components largely correspond with the literature, respondents thus mentioned some components more often, and others less often, than the literature would suggest. In particular, neutrality plays an important role in the Dutch legal context examined here.
examine whether perceived procedural justice is a relevant concern for
defendants, and, if so, which procedural justice components they refer
to. The study provides a point of epistemological departure from the quantitative
studies dominating the field, as it assessed which components of procedural
justice (if any) respondents put forward themselves rather than asking
about predetermined procedural justice components. The large majority of
respondents mentioned procedural justice issues themselves, and six components were at the core of their procedural justice perceptions: (1) information on which decisions are based, (2) interpersonal treatment, (3) due consideration, (4) neutrality, (5) voice, and (6) accuracy. Although these procedural justice components largely correspond with the literature, respondents thus mentioned some components more often, and others less often, than the literature would suggest. In particular, neutrality plays an important role in the Dutch legal context examined here.
Original language | English |
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Pages (from-to) | 643-679 |
Journal | Law & Society Review |
Volume | 54 |
Issue number | 3 |
DOIs | |
Publication status | Published - Sept 2020 |