Investigating Perceived Fairness in Criminal Courts: A Comparative Analyses

• In Event: Perceptions of Courts in an International Context

Abstract

Over the past 20 years the concept of procedural justice has gained importance in the criminal justice literature and has been investigated in various settings including the developing world. The vast majority of the research has focused upon perceptions of police legitimacy and compliance with the law. Although procedural fairness has been studied with a focus on the courts, the research does not address the antecedents of perceptions in a court setting.

To address this gap in the literature, this research investigates the factors that affect the development of perceptions of procedural fairness in criminal courts. A conceptual model is developed and tested using data from a survey of 7 Caribbean nations administered in 2010-11. The conceptual model consists of four clusters of variables: individual demographics, contact with the justice system, community characteristics and national context. The findings indicate that personal characteristics play a minor role in perceptions while community, nation and prior contact drive the model. Policy implications of these findings are explored.

Authors

• Richard R. Bennett, American University

• Melissa Schaefer Morabito, University of Massachusetts, Lowell