Procedural justice refers to the basic ideas of fairness and respect. Simply put, it is the Golden Rule: “Treat others as you would want to be treated.” Procedural justice promotes positive organizational change and bolsters better relationships by including fairness in processes, transparency in actions and opportunities for voice and impartiality in decision making.

Officers are often the initial point of contact with people in the community. Using strategies like these can shape a person’s perception of all police officers and a police department. This can improve compliance and citizen support during challenging times. It is an evidence-based approach that can help a law enforcement agency enhance its legitimacy and reduce crime. The result is a proverbial win–win.

What it is and how to implement it

Procedural justice is a key component of legitimacy. It is an evidence-based and cost-effective way to reduce crime. It describes the idea that how individuals perceive the police is more related to the perceived fairness of the process and how they were treated than to the perceived fairness of the outcome. Law enforcement must constantly demonstrate its legitimacy to the public it serves. People are more likely to comply and cooperate with the police when they feel that the system and the officer are legitimate. The critical dimensions of procedural justice are as follows:

1. Voice: The perception that your side of the story has been heard
2. Respect: The perception that officers treated you with dignity and respect
3. Neutrality: The perception that the decision-making process is unbiased and trustworthy
4. Understanding: Comprehension of the process and how decisions are made
5. Helpfulness: The perception that officers are interested in your personal situation to the extent the law allows

There are several ways to develop implementation strategies and gain compliance. The simplest of these strategies is to humanize the experience. Appearing approachable and accessible is a key component of procedural justice. Use eye contact and body language when speaking to people, suspects and witnesses alike. Thank citizens for their cooperation as a means of ensuring future cooperation. 

Explain what you are doing and why. Even a traffic stop or other interaction with police can be a traumatic event for many people. Avoid police jargon or legal procedures, as these can be confusing and intimidating. Use simple and helpful explanations, such as the process for appearing in court, directions to the courthouse or options to resolve by mail or online.

Then and now

These principles and concepts are not new to policing. In 1829, Sir Robert Peel proposed an early blueprint of what procedural justice and police legitimacy should be. Some of his key points were as follows:

• The ability of the police to perform their duties is dependent upon the public approval of police actions. 
• Police must secure the willing cooperation of the public in voluntary observation of the law to be able to secure and maintain the respect of the public. 
• The degree of cooperation of the public that can be secured diminishes proportionately to the necessity of the use of physical force. 
• Police should always maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police — the police being only members of the public who are paid to give full-time attention to duties that are incumbent upon every citizen in the interests of community welfare and existence. 

It sometimes seems that, even almost 100 years after Peel’s teachings, the more things change, the more they stay the same. Police officers need to focus on the power of their influence. Influence is demonstrated initially by one’s character, which consists of personal maturity, integrity and principle. Public approval depends on the relationship of trust between the police and community. Trust flows from trustworthiness, a combination of character (who you are) and competence (your ability to do your job). These are twin principles that allow others to trust your intentions, direction and influence.

Constitutional policing

The first pillar from former President Obama’s Task Force on 21st Century Policing is “Building Trust and Legitimacy.” One of the principal components of this pillar is constitutional policing. The aftermath of incidents like those that occurred in Los Angeles with Rodney King and the Rampart scandal, the conflicts in Ferguson, Missouri, or the George Floyd matter in Minneapolis all left a perceived stigma on all law enforcement agencies. President Obama’s goal was to improve both the image and reputations of police departments and create legitimacy. These same incidents and others unfortunately led to the creation of various consent decrees with the Department of Justice and police departments across the nation. 

Today’s constitutional policing promotes a keen awareness of civil liberties of society. No longer do we ask what the Constitution allows us to do; it now requires that we be actively working to protect the civil rights of the people they are policing. Most sworn oaths of office contain wording to “uphold the Constitution of the United States.” By seeking to protect people’s constitutional rights in every interaction, police can improve community relations and build public trust. Policing today must be done in a lawful and constitutional manner while maintaining the consent of the people. We need to chart a new course to accomplish this by promoting a culture of not only procedural justice and police legitimacy, but also constitutional policing.

Some basic strategies should encourage transparency and relationships with the community. These include attending community events, public forums, citizen police academies, community policing councils, neighborhood associations and business coalitions. These proactive interactions with the public will encourage community feedback and input. The agency should re-examine current policies and practices and new court rulings. There should be a focus on constitutional issues in training with an emphasis on guarding constitutional rights, de-escalation, profiling and implicit bias. Legal reviews and best practices should be considered with technology such as body-worn cameras, drones, facial recognition, license plate readers and GPS trackers. Focusing on constitutional and community policing can help officers see themselves as protectors and defenders. This mindset starts with training and policies, but community policing can help officers shift their views as well. If officers have relationships in the community, they will naturally be more courteous and respectful when they deal with someone, building a foundation of trust in the process.

The legitimacy of law enforcement

Police legitimacy is a topic that has been widely researched and has been the subject of many empirical studies in the last decades. This is not surprising, since police legitimacy has been a concern for policymakers ever since the foundation of the modern police force. As mentioned earlier, Sir Robert Peel, for example, when founding the modern police in Britain, formulated principles of policing with a view on enhancing legitimacy and public acceptance of this new force. He mentions the need for public approval of the police, proportionality in the use of force and preserving public favor by impartial service to the law. 

Peel highlighted the importance of legitimacy. It is the extent to which members of the public view the police as legitimate, often measured in terms of the public’s willingness to obey and cooperate with the police. Police legitimacy is also linked to the degree of public support for, and cooperation with, the police’s efforts to fight crime. The level of community involvement and the level of personal responsibility of each community member, by cooperating or collaborating with the police, greatly impacts the safety and quality of life of our communities.

The public’s perceptions about the lawfulness and legitimacy of law enforcement are an important criterion for judging policing in a democratic society. Distrust of police has serious consequences. Police legitimacy has been linked to procedurally just and constitutionally based styles of policing. This line of research states that when citizens perceive that the police treated them fairly, they are more willing to obey their orders, act faithfully and cooperate with the police, even when the outcome of the intervention is negative.

One final note of interest: procedural justice also refers to the internal relationships officers have with colleagues and their leaders. Officers need to have a voice, be treated fairly and believe their leaders are trustworthy. Officers who feel respected by their supervisors and peers are more likely to accept departmental policies, understand decisions and comply with them voluntarily. Officers who feel respected by their organizations are more likely to bring this respect to their interactions with the people they serve. If they are not respected, their department may not achieve legitimacy in their communities. 

Remember what Sir Robert Peel said: “The police are the public and the public are the police.” The police are only members of the public who are paid to give full-time attention to duties that are incumbent on every citizen in the interests of community welfare and existence. We all are in this together.