Measuring Justice: Defining Concepts, Developing Practice June 2019

Measuring Justice: Defining Concepts, Developing Practice June 2019

Measuring Justice: Defining Concepts, Developing Practice June 2019 Sarah Armstrong Trish McCulloch Beth Weaver Dominic Reed A bit about our project Funded by SG JAS four of us working on it. How have concepts of justice been defined in research, and how have experiences of justice been measured? We will summarise this material and suggest how it might inform thinking and development of tools. We are aiming to report on this work in August 2019. Three main activities I. An evidence review and synthesis of research that measures justice meaning criminal justice processes II. A linking activity exploring how current research is conceptualising and measuring justice III. Consultation of stakeholders to develop our findings and outputs Problem-solving justice social justice procedural justice cultural context model

transformative & participatory justice peacemaking effective justice economic/financial justice What is Justice? neoliberal justice gender justice interactional justice distributional justice victims rights community justice therapeutic justice emotional/affective justice egalitarian justice feminist jurisprudence human rights parallel justice Mulvihill et al. (2018) procedural justice Fairness of process dignified, respectful, objective, neutral; enabling trust and legitimacy

effective justice Administratively efficient timely, swift, minimal paperwork What is Justice? therapeutic justice distributional justice Fairness of the result/outcome of a proceeding CJ processes that support personal and social empowerment and healing in addition to resolution of cases How to measure Justice? In the past Surveys (Questionnaires) Interviews In the moment Observation structured/visual survey Observation qualitative/ethnographic Diaries, apps Over time Longitudinal research Cross-sectional research Survey/Questionnaire For testing already validated, specific concepts Consistency of data for The interviews

interviews were were analyzed analyzed using using comparison and analysis The Interviews codes and subcodes for both the court CanCan codes and subcodes for both the court be explore quick tohow/why administer issues process and and outcome. outcome. As As the the analysis analysis process Useful high new numbers Canfor expose themes The clerk clerk calls calls the the name name of

of the the defendant defendant in in the Observations The progressed, more distinguishing distinguishing codes the progressed, more codes first case. case. The The judge judge asks, asks, Is Is the the victim victim present present be aless point of support, Can first Usually intrusive and subcodes subcodes emerged including four and emerged including four

Difficult to design well in the the courtroom? courtroom? and and aa woman woman seated seated in in the the in signposting support Rich data final themes: (a) the silencing of final themes: the silencing gallery says, Yes.(a) The judge looksof at the the public public Can be disengaging, have a gallery

says, Yes. The judge looks at womens voices, (b) reproducing abuse Captures interactions and womens voices, (b)you reproducing abuse customer defender and asks, asks, Are representing this satisfaction feel Time and emotion intensive defender and Are you representing this through power power and and control, control, (c)

(c) mediator mediator through their effects client? The The public public defender defender replies, replies, Yes, Yes, but but I CanRequires client? be part of a negative skilled interviewer demeanor and guidance, guidance, and and (d) (d) fairness fairnessI demeanor and Can expose new themes just found found out out about about the the motion motion this this morning. morning.

just justice experience Harder to generalise in the court outcome. in the says, courtWill outcome. The judge judge the protected protected party party come come The says, Will the Time intensive up? and and the the victim victim stands stands and and walks walks to to the the front front up? Requires skilled observer of the the courtroom.

courtroom. The The judge judge then then says, says, Maam, Maam, of Harder to generalise the state state is is objecting objecting to to the the motion motion because because they they the were not not informed informed until until this this morning. morning. The The were prosecutor says, says, My My office office is is not not going going to to file file it. it. prosecutor He went

went right right out out and and violated violated it. it. The The victim victim He starts to to speak, speak, saying saying Your Your honor, honor, II was was not not the the starts person who who started started it. it. The The judge judge interrupts interrupts her her person to say, say, The The motion motion is is denied. denied. It It can can perhaps perhaps be be

to heard at at omnibus omnibus [next [next month]. month]. The The clerk clerk calls calls heard the next next case. case. The The victim victim sighs sighs as as she she walks walks out out the of the the courtroom. courtroom. of Methodological considerations A key finding across research is feeling revictimised through participation in CJ processes Research can be a part of this, or separately be experienced as burdensome It is important to be clear about what we want to know, why and with what impact Where to measure justice? In an encounter (e.g. police interview)

In a place (courtroom) Across a process (investigation, prosecution, trial, outcome) In personal or community settings Why measure justice? Satisfaction positive customer experience Effectiveness CJS working as planned Empowerment having a voice Recovery healing Justice in a larger sense of societal fairness and right Legitimacy and trust public attitudes Different aims of measurement (and ideas of justice) can OVERLAP or CONFLICT with each other Whose justice? Victims? Offenders? Communities? Society? Taxpayer? CRIMINAL JUSTICE SYSTEMS? This material comes from a briefing we prepared to inform the Domestic Abuse Acts monitoring requirement and is available here: Please get in touch with us if you would like to take part in our stakeholder consultation (June/July/August): [email protected] Thank you!

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