TRUST IN JUSTICE – THE EURO-JUSTIS PROJECT
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TRUST IN JUSTICE – THE EURO-JUSTIS PROJECT Professor Mike Hough XXIII Conference of the Baltic Criminologists 22 October 2010. What I shall do. Introduce Euro-Justis And our European Social Survey module on trust in justice Describe the ideas behind the projects

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TRUST IN JUSTICE – THE EURO-JUSTIS PROJECTProfessor Mike HoughXXIII Conference of the Baltic Criminologists22 October 2010


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What I shall do

  • Introduce Euro-Justis

  • And our European Social Survey module on trust in justice

  • Describe the ideas behind the projects

  • Jon Jackson will cover some emerging findings


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EURO-JUSTIS

  • Funded by the EC (FP7)

  • Developing survey indicators of public trust in justice

    • Top level survey indicators

    • Detailed survey indicators

    • Contextual country-level data – legal, economic, social data for interpretation

  • Grounded in ‘procedural justice’ theory

  • Developing work especially by Tom Tyler (NYU)


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The European Social Survey

  • ESS invites bids for modules

  • 45 EURO-JUSTIS questions

    • Round 5 module

    • 30 countries

    • Fieldwork 2010

    • Analysis in 2011

  • Descriptive and theory-testing

  • Multi-levelling modelling to find predictors of

    • Public trust in justice

    • Perceived legitimacy

    • Public compliance with the law


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Timetable

  • ESS pilots in spring 2010

  • ESS main fieldwork in Autumn 2010

  • Euro-Justis pilots in November 2010

  • EURO-JUSTIS reports summer 2011

  • ESS data analysis in Autumn 2011

  • Patching in missing countries?


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Securing compliance: a question of authority

  • A shared set of craft skills needed by:

    • Parents

    • Teachers

    • Managers at work

    • Probation and prison officers

    • Police

  • Specific issues in using formal authority

  • How to use formal authority skilfully

  • A key question for criminal justice


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Why do people obey the law? Compliance theories

Four routes to compliance

  • Self-interest: instrumental or providential compliance

  • Morality: normative compliance, where obedience flows from acceptance of ethical or moral norms

  • [Lack of] opportunity: situational or constraint-based compliance

  • Habit: compliance based on routine


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Instrumental theories of compliance – the ‘dominant discourse’ in UK politics

  • People are rational calculators

  • They maximize self-interest

  • They are responsive to deterrent threat

  • Why do people break the law?

    • Low risk of punishment

    • Punishment too soft

    • Punishment too slow


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Procedural justice theory – an alternative perspective discourse’ in UK politics

  • The key question for criminal policy

  • Not, why do people break the law?

  • But why do they comply with the law?

  • Procedural fairness buys trust in justice

  • Trust in justice builds legitimacy

  • Legitimacy promotes compliance

  • A theory about the institutional component of compliance with the law

  • Obviously, a need for other components


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Procedural justice theory discourse’ in UK politics

  • Fairness Public trust

  • Trust  Institutional legitimacy

  • Legitimacy Authority

  • Authority Compliance


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Procedural justice theory discourse’ in UK politics

  • Fairness Public trust

  • Trust  Institutional legitimacy

  • Legitimacy Authority

  • Authority Compliance & cooperation


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The key theoretical model discourse’ in UK politics

Personal morality

Trust: fairness

Compliance with the law

Trust: effectiveness

Legitimacy

Cooperation with the police and courts

Trust: shared values

Perceived risk of sanction

Not greatly significant (statistically or substantively)

Significant (statistically and substantively)


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The ideas we want to test discourse’ in UK politics

  • Is procedural justice universally a driver of legitimacy?

  • Is perceived effectiveness a critical factor in some jurisdictions?

  • What about perceptions of corruption?

  • How important is the economic and legal context?

    • Income inequality

    • Objective features of justice


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Practical implications for criminal justice discourse’ in UK politics

  • Justice as the first product of criminal justice systems

  • Crime control as the second product

  • Establishing the legitimacy of each institution

  • Policing – professional styles

  • Prosecutors – openness and fairness

  • Probation – relationships of trust

  • Prisons – getting regime quality right


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TRUST IN JUSTICE – THE EURO-JUSTIS PROJECT discourse’ in UK politicsProfessor Mike HoughXXIII Conference of the Baltic Criminologists22 October 2010