Do Perceptions of Legitimacy and Fairness Matter in Prison? Examining How Procedural and Distributive Justice Relate to Misconduct

Abstract

Recent scholarship suggests disciplinary protocols and incarcerated individuals’ perceptions of procedural justice toward correctional officers may be important in influencing one’s behavior and prison order. This study provides an examination of procedural and distributive justice in prison. We surveyed a stratified random sample of 144 respondents incarcerated in Maine state prisons about their perceptions toward the disciplinary process and corrections officers to assess the relationship between such views and patterns of institutional misconduct. Findings provide partial support for the procedural justice perspective in prison. Normative perceptions (e.g., legitimacy) are positively associated with voluntary deference measures while instrumental perceptions of officer effectiveness in controlling behavior are positively associated with respondent perceived risk. These results supply insight into theory development related to voluntary deference. Similarly, these findings can inform which relationships between officers and respondents may hold the potential to promote rule compliance and prison order.

Procedural justice, legal orientations, and gang membership: Testing an alternative explanation to understand the gang–misconduct link

“…A handful of studies have examined the relevance of procedural justice in prisons. These studies focused on the association between perceptions of staff procedural justice and 1) obligation to obey, a perceptual measure (Alward et al., 2021; Baker et al., 2021; Maguire et al., 2021), as well as 2) prisoner rule breaking, a behavioral measure (Barkworth & Murphy, 2021; Beijersbergen et al., 2015; Bierie, 2013; Campbell et al., 2020; Reisig & Mesko, 2009; Steiner & Wooldredge, 2018). Although studies that examine perceptual and behavioral compliance vary in geographical location and the conceptualization of procedural justice, they generally find that prisoner perceptions of correctional officers as procedurally just are related to compliance (for exception, see Campbell et al., 2020).…”

“…These studies focused on the association between perceptions of staff procedural justice and 1) obligation to obey, a perceptual measure (Alward et al., 2021; Baker et al., 2021; Maguire et al., 2021), as well as 2) prisoner rule breaking, a behavioral measure (Barkworth & Murphy, 2021; Beijersbergen et al., 2015; Bierie, 2013; Campbell et al., 2020; Reisig & Mesko, 2009; Steiner & Wooldredge, 2018). Although studies that examine perceptual and behavioral compliance vary in geographical location and the conceptualization of procedural justice, they generally find that prisoner perceptions of correctional officers as procedurally just are related to compliance (for exception, see Campbell et al., 2020). Procedural justice is relevant to compliance not only via a direct association but also indirectly as an antecedent to legitimacy, which finds established support in the policing and corrections literatures (e.g., Brunton‐Smith & McCarthy, 2016; Steiner & Wooldredge, 2015b; Tyler, 1990; Wolfe et al., 2016).…”

Procedural Justice and Legitimacy in Prisons: A Review of Extant Empirical Literature

“…Evidence for the influence of procedural justice and legitimacy on recidivism beyond the prison environment is also quite modest, as they seem to become outweighed by other factors such as prior involvement in criminal activity (Beijersbergen et al, 2016). While it is beyond the scope of this article to account for the full range of influences on compliance with prison officers or with prison rules, a range of factors, such as prior offending and the use of power by staff, also play a role (e.g., Campbell et al, 2020;Hacin & Meško, 2018). Those who are incarcerated may even view prison officers or the prison regime as illegitimate, but continue to comply out of fear, a lack of power, or for pragmatic purposes (Bottoms & Tankebe, 2012;Carrabine, 2005).…”

“…This was an approach used by Reisig and Mesko (2009) and Maguire et al (2021), who also included overall assessments of procedural fairness. Similarly, Dane (2012) and Hacin (2018) assessed procedural justice as perceptions of the fairness of decisions made by prison staff, while Campbell et al (2020) conceptualized the antecedents of legitimacy in prison as including procedural fairness, fairness in decision-making, and perceptions of the quality of treatment. Nuño and Morrow (2020) and Baker et al (2021) assessed procedural justice as perceptions of prison officer fairness informed by the process-based model of regulation.…”

“…In relation to legitimacy, several assessed it as prison officer characteristic based on perceptions of fairness, effectiveness, trust, support, and honesty (e.g., Brunton-Smith & McCarthy, 2016;Hacin, 2018;Steiner & Wooldredge, 2015. Campbell et al (2020) assessed legitimacy as affect, obligation to obey the directives of prison officers, and trust in the prison system. Obligation to obey was also a feature of the assessment of legitimacy by Reisig and Mesko (2009) and Mesko and Hacin (2018), while Maguire et al (2021) treated obligation to obey prison authorities as a mediator between procedural justice and cooperation and compliance.…”