procedural justice | Definition

Doc's CJ Glossary by Adam J. McKee
Course: Introduction / Policing / Procedural Law

Procedural justice refers to the fairness and transparency of the procedures used to make decisions, enforce laws, and resolve disputes.

Procedural Justice, also known as procedural fairness, is a fundamental concept in the field of law that emphasizes the importance of fair and transparent procedures in the administration of justice. It is often used interchangeably with the term procedural due process, which refers to the legal requirement that individuals be afforded certain procedural protections when they are subject to legal proceedings.

The concept of procedural justice is based on the idea that fair procedures are an essential component of a just legal system. It holds that individuals who are subject to legal proceedings should be treated with dignity and respect and that their rights should be protected at all times.

Procedural justice is not limited to the courtroom. It also extends to interactions between individuals and law enforcement officials, as well as to administrative procedures and other legal proceedings. In these contexts, procedural justice involves ensuring that individuals are treated fairly and with respect and that their rights are protected throughout the process.

The concept of procedural justice has been the subject of extensive research and has been found to be an important factor in promoting public trust and confidence in the criminal justice system. Studies have shown that individuals who perceive that they have been treated fairly are more likely to comply with legal decisions and to have greater confidence in the legal system.

One of the key components of procedural justice is transparency. This involves providing individuals with clear and accurate information about legal proceedings, including the charges against them, the evidence that will be presented, and their rights and obligations. It also involves ensuring that legal proceedings are conducted in an open and transparent manner and that individuals are able to observe and participate in the proceedings to the fullest extent possible.

Another important component of procedural justice is consistency. This involves ensuring that legal procedures are applied consistently and fairly to all individuals, regardless of their race, ethnicity, gender, or socioeconomic status. It also involves ensuring that legal decisions are based on objective criteria and that individuals are not subject to arbitrary or capricious decisions.

Learn More

On This Site

[ Glossary ]

Last Modified: 04/26/2023


Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.