Procedural Justice
99
PROCEDURAL JUSTICE
Group Members:
- 'Iffah Mahfuzah (200012)
- Fatin Adlina (200786)
Definition of Procedural Justice
Idea of fairness in the processes that resolves disputes and allocates resources.
Definition
concerned with making and implementing decisions based on the fair processes
Procedural justice will ensure that procedure must be applied evenly and equally to all.
Pillars of Procedural Justice
Trustworthiness
Respect
Neutrality
Voice
- All individuals must be treated with dignity and respect
Pillars of Procedural Justice
- Decision-makers convey trustworthy motives and concern about the well-being of those impacted by their decisions
- Decisions are unbiased and guided by consistent and transparent or straightforward reasoning
- Individuals are given a chance and have been offered the opportunity to voice up their concerns and engaged in decision-making processes by telling their side of the story
THE IDEAS OF PROCEDURAL JUSTICE
Ideas of Procedural Justice
BY JOHN RAWLS,
AMERICAN PHILOSOPHERS
PERFECT PROCEDURAL JUSTICE
- An independent criterion or a way for how a procedure should be conducted before the procedure to be followed to get a fair outcome.
Example :
PERFECT PROCEDURAL JUSTICE
- The procedure that guarantees that the fair outcome will be achieved.
In terms of the day-to-day activities of a police officer, the idea can be as simple as giving a person the chance to tell their side of the story before we make a decision about what to do. It can be as easy as a paying attention to the facts of the matter .
IMPERFECT PROCEDURAL JUSTICE
Example:
An independent criterion or a way for how a procedure should be conducted before the procedure to be followed to get a fair outcome.
IMPERFECT PROCEDURAL JUSTICE
The correct outcome is for the guilty to be found guilty and the innocent to be found not guilty, but there is no set of procedures that guarantees this outcome will be achieved.
Even though the law have been carefully followed, and the proceedings fairly and properly conducted, it may reach the wrong outcome. An innocent man may be found guilty, a guilty man may be set free from their punishment.
BUT
No method that guarantees that fair and just outcome will be achieved.
PURE PROCEDURAL JUSTICE
Example :
No criterion or a way for what constitutes a fair outcome other than the procedure itself.
PURE PROCEDURAL JUSTICE
- Regarding the SOP of the movement control order (MCO) where in that SOP it is stated that we are not allowed to cross over districts or interstates.
- So, if all Malaysians follow the procedure then a fair outcome can be achieved and there will be no issue of elite citizens getting different treatment because the procedure has already been subjected and imposed on everyone.
If a fair procedure has been properly followed then it will generate a fair outcome.
CRITERIA USED BY CITIZENS TO ASSESS THE FAIRNESS OF LEGAL PROCEDURES
- Consistency
- The ability to suppress bias
Criteria that used by citizens
- Decision quality or accuracy
- Correctability
- Ethically
- Representative
1. Lies in the choice of decision-making procedure
- In psychology of judicial sentencing, claims that magistrates can only make high quality decisions that customize punishment to each individual defendant if the defendants are given a broad discretion
2. The potential of underlying dimensions of procedural justice
- Consistency, decision quality, bias suppression, and representation are four potential underlying aspects
The Relationship of Procedural Justice Criteria
- Consistency is in conflict with this idea
- Consistency based on a comparison of the procedure to other processes that have been performed in the past or by others
- The rest is based on the process's quality
ISLAM AND PROCEDURAL JUSTICE
DEFINITION :
Concept of justice in Islam
Islam and Procedural Justice
- Justice : Al-‘adalah or Al-‘adlu.
- Al-‘adalah is described as having the qualities of being good, righteous, or truthful.
- Justice indicate placing things where they belong or in their rightful place and it also involves treating people fairly.
- Qur'an verse related to justice :
“Allah commands justice, the doing of good, and doing of good to kith and kin, and He forbids all shameful deeds, and injustice and rebellion: He instructs you, that you may be mindful” (Surah An-Nahl : 90)
- Justice also is an attribute of Allah and to stand firm for justice allowed us to be witness to Allah SWT even though it is detrimental to our own interests or the interests of those close to us .
RELATION BETWEEN ISLAM AND PROCEDURAL JUSTICE
Believes in application of the principles of procedural justice :
- Grant rights to counsel
RELATION BETWEEN ISLAM AND PROCEDURAL JUSTICE
- Provide for protection and payment of compensation for victims of crimes
- Deterrent punishment with respect to crime (Hudud)
- Prohibits interrogation in custody
Surah Al-Maidah : 38
REFERENCES:
REFERENCES
- Rawls, J. (1999). In A theory of justice (pp. 73–75). essay, Oxford University Press.
- Bello, S. A. (2012). The Role of Justice in Islam. SSRN Electronic Journal, 15–16. https://doi.org/10.2139/ssrn.2183623
- https://law.yale.edu/justice-collaboratory/procedural-justice
- https://thomasafrancis.com/2015/10/30/substantive-justice-vs-formal-justice/
- https://www.police1.com/patrol-issues/articles/procedural-justice-how-a-simple-concept-can-help-cops-make-a-big-impact-msXh4naM0y0nllJE/
- https://cops.usdoj.gov/html/dispatch/04-2015/a_new_procedural_justice_course.asp#:~:text=Procedural%20justice%20speaks%20to%20four,being%20impartial%20in%20decision%20making.
- Tyler ,T.R. (1988) 'What is Procedural Justice?: Criteria used by Citizens to Assess the Fairness of Legal Procedures', Law & Society Review , 22(1), pp. 130-136