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A Predicted Probability of Judging Fair Investigation Likely across Fairness, Race of Motorist, and Race of Respondent
Source publication
We examine the huge racial divide in citizens' general beliefs about the fairness of the criminal justice system, focusing on the political consequences of these beliefs for shaping diverging interpretations of police behavior. Predictably, most blacks believe the system to be unfair and most whites believe the opposite. More importantly, these bel...
Citations
... Research has consistently found that Black Americans tend to hold a more negative perception of the criminal justice system, perceiving it to be unequal and unjust (Bobo & Thompson, 2006;Wortley et al., 1997). The differences in public views are linked to the individual's experience with victimization by law enforcement and racial disparities in sentencing decisions (Gabbidon & Higgins, 2009;Hurwitz & Peffley, 2005;Tyler, 2001;Wortley et al., 1997). Morin and Stepler (2016) found that 42% of White Americans have high confidence in their local police department, in contrast to only 14% of Black Americans exhibiting that same level of confidence. ...
This study explores how exposure to knowledge about wrongful convictions through media and social connections influences public perceptions of wrongful convictions and support for criminal justice reform. The study employed moderated mediation regression analysis to test the effect of media on public support for criminal justice reform and the potential moderation by social connections. The findings reveal a significant correlation between the perceived rate of wrongful convictions and public support for criminal justice reform. We found that people who are more exposed to information about the wrongful conviction issue from various media sources are more likely to support reform.
... Extant research on procedural fairness has consistently shown that citizens rely on information derived from fair or unfair processes to form opinions about authorities (e. g., Sunshine and Tyler 2003;Hurwitz and Peffley 2005). Procedural fairness, which generally refers to the quality of interpersonal treatment, is obtained when service providers are unbiased, treat individuals with dignity and respect, appear trustworthy, and offer individuals a voice in the process (Tyler and Huo 2002). ...
... Scholars have argued that personal encounters with the authorities shape citizens' political judgments. People learn from their personal experiences with the authorities (i.e., police, bureaucrats) as these encounters might be as close as people come to «the government» (e. g., Soss 1999;Peffley and Hurwitz 2005). People then use these experiences to form opinions about other relevant political institutions. ...
What is the relationship between procedural fairness in encounters with the police and intimate partner violence (IPV) survivors’ attitudes? I argue that because of the emotional damage caused by victimization, survivors are especially attuned to the interpersonal treatment they receive when seeking help from specialized services (e. g., police). If this treatment is procedurally unfair, they might conclude that IPV laws are not effective and become less likely to report intentions to intervene by calling the police if they witness intimate partner violence. Relying on public opinion data from Brazil, I find that procedural fairness matters for survivors’ opinions about laws, but I found no relationship between procedural fairness and bystander intervention attitudes. I explore possible explanations for this non-finding with several additional analyses.
... Black and White individuals who encounter the police may process and make sense of the same pieces of information in different ways. That is, race may serve not only as a lens through which individuals interpret personal and shared experiences with police, but also it can shape the impact of police encounters (Brunson, 2007;Hurwitz & Peffley, 2005;Rengifo & Slocum, 2020;Tyler et al., 1989). At the same time, we must recognize that significant intraracial diversity occurs in individuals' police-related experiences, and people of the same race enter encounters with different sets of perceptions about how the police treat people (Gibson & Nelson, 2018). ...
Individuals enter police encounters with expectations about how these interactions will unfold. These expectations are often rooted in racialized personal, vicarious, and collective experiences with the police. Bayesian updating posits that the way youth perceive treatment by the police during stops and arrests combines with prior expectations and perceptions to shape current views of the law, whereas subtyping suggests this process differs by race. This study examines intra‐ and interracial variability in these processes using longitudinal survey data from 3,085 Black and White youth. Regardless of race, youth who indicate they were treated with disrespect during police encounters had lower perceptions of procedural justice than did those with no contact, whereas contact perceived as respectful had no significant effects. For White but not Black youth, police encounters rated as “neutral” are associated with more negative views of the police. Other forms of legal socialization are also racialized, including messages conveyed in the media and by parents. Limited evidence exists that prior views of the police moderate the effect of police encounters on procedural justice or that these conditioning effects vary by race. Findings support updating, but race differences do not neatly align with findings expected with updating or subtyping theory.
... The findings also align with a wealth of research regarding the significance of age and education on perceptions of the criminal justice system (Freiburger & Sheeran, 2020;Hurwitz & Peffley, 2005;Zatz, 2000). They suggest that with increased age, individuals develop a more nuanced understanding of the systemic flaws in the justice system, thereby leading to higher estimates of wrongful convictions. ...
This research employs a convenience sample survey design to explore the complex interaction between race, gender, and public perceptions of wrongful convictions. Examining 324 responses from diverse groups, the study finds that these views are not uniform across different demographics. African Americans and women exhibit significantly heightened perceptions of wrongful convictions and more robust support for justice reform. The regression results also highlight that age, education, and professional background in law enforcement significantly influence these perspectives. Notwithstanding its limitations, the study forms foundation for further inquiry into the role of socio-demographic factors in shaping public attitudes toward criminal justice system.
... Previous research on perceptions of policing and police officer behavior finds important differences across demographic groups and communities (e.g., Brown & Benedict, 2002;Pryce & Chenane, 2021). Results consistently show that Black people are more likely than other racial groups to believe that law enforcement and the criminal justice system are unfair and to hold negative perceptions of police officers (e.g., Hurwitz & Peffley, 2005;Weitzer & Tuch, 2004). This is particularly true among economically disadvantaged communities and in urban environments (Hagan et al., 2018;Schuck et al., 2008), as middle-class Black people living in the suburbs historically have perceptions more similar to their White neighbors than disadvantaged Black people (Weitzer, 1999). ...
... If observers enter situations believing police or law enforcement is unfair, then this will impact their interpretation of events (Braga et al., 2014;Hurwitz & Peffley, 2005;Jacobs, 2022). For example, using a factorial survey with vignettes, Seron, Pereira, and Kovath (2004) find that liberals reported much more misconduct in situations involving police than conservatives, and Black respondents' misconduct ratings were higher than those of White respondents. ...
We show political divisions in perceptions of police officers even before the divisive political and social events of 2016. We do so using 517 MTurk respondents’ interpretations of surprising and ambiguous headlines involving police officers (e.g., assumptions about what happened or who was involved). We constructed the headlines using affect control theory’s ABO event structure and derivations of this structure. The headlines describe ostensibly good people (A) doing bad things (B) to other good people (O) or are ambiguous on one or more of these components. We find that police headlines generate interest among readers. When interpreting events, respondents are less likely to modify or redefine police officers compared to other actors However, assumptions related to ambiguous events involving police differ by political orientation. Liberals view police more negatively than conservatives, in part because they imagine them doing worse things to slightly better people. Qualitative analyses support and shed light on the mechanisms underlying this and other partisan effects.
... The researchers observed that Black respondents who perceived the criminal justice system as chronically unfair exhibited ingroup favoritism in their judgements of the encounters, whereas white respondents were not sensitive to the race of the individual targeted. Hurwitz and Peffley (2005a) attributed this differential to the white respondents' perception of 'color-blind' fairness in the criminal justice system. In contrast to Black Americans, many white Americans have not experienced similarly high levels of incarceration and its community-wide consequences (Western, 2006). ...
Unlabelled:
How do media portrayals of potential policy beneficiaries' identities sway public support for these policies in a public health setting? Using a pre-registered vignette experiment, we show that the racial identity of substance users depicted in news media shapes public opinion on policies to address the opioid crisis. People display biases in favor of their own racial identity group that manifest in their support for both treatment-based policies and punitive policies. We show that these biases may be moderated by the type of initial drug used by a substance user and associated levels of perceived blame. Extending theories of group politics, we also assess favoritism based on gender and residential context identities, but find no such biases. These results highlight the continued centrality of race in the formation of policy preferences.
Supplementary information:
The online version contains supplementary material available at 10.1007/s11109-022-09845-8.
... Our prior research on online harassment has helped us understand the inherent limitations of existing moderation mechanisms; this, in turn, has shaped our desire to look for alternative approaches. We celebrate the growing interest in applying alternative justice theories [6,48,61,73,112], e.g., racial justice [93] and transformative justice [23], to reduce harm to victims, offenders, communities and societies. We are particularly enthused by the success of restorative justice in addressing offline harm, and its potential in providing agency and care for vulnerable groups who are often ignored and further harmed in a punitive justice model. ...
Most platforms implement some form of content moderation to address interpersonal harms such as harassment. Content moderation relies on offender-centered, punitive justice approaches such as bans and content removals. We consider an alternative justice framework, restorative justice, which aids victims to heal, supports offenders to repair the harm, and engages community members to address the harm collectively. To understand the utility of restorative justice in addressing online harm, we interviewed 23 users from Overwatch gaming communities, including moderators, victims, and offenders. We understand how they currently handle harm cases through the lens of restorative justice and identify their attitudes toward implementing restorative justice processes. Our analysis reveals that while online communities have needs for and existing structures to support restorative justice, there are structural, cultural, and resource-related obstacles to implementing this new approach within the existing punitive framework. We discuss the opportunities and challenges for applying restorative justice in online spaces.
... As the police in the U.S. target Black and racially minoritized populations more than their White counterparts (Gelman et al. 2007;Mummolo 2018), including during traffic stops (Baumgartner et al. 2018;Christiani 2021;Fagan and Davies 2000;Fagan et al. 2010), public perceptions of the police understandably differ wildly by race (Hurwitz and Peffley 2005;Jefferson et al. 2020;Weitzer and Tuch 2004). White people tend to expect that the police will serve and protect, but Black people do not (Brunson 2007;Hurwitz and Peffley 2005;Jones 2014;Weitzer and Tuch 2005). ...
... As the police in the U.S. target Black and racially minoritized populations more than their White counterparts (Gelman et al. 2007;Mummolo 2018), including during traffic stops (Baumgartner et al. 2018;Christiani 2021;Fagan and Davies 2000;Fagan et al. 2010), public perceptions of the police understandably differ wildly by race (Hurwitz and Peffley 2005;Jefferson et al. 2020;Weitzer and Tuch 2004). White people tend to expect that the police will serve and protect, but Black people do not (Brunson 2007;Hurwitz and Peffley 2005;Jones 2014;Weitzer and Tuch 2005). Thus, the fact that these light interactions have political effects that depend on the individual's perception of the police imply that they will tend to differ by race as well. ...
Harsh, highly intrusive, personal contact with the criminal justice system has been shown to politically demobilize, but it is unclear whether less intrusive forms of police contact have any political effects. As the modal type of involuntary police–citizen contact is less invasive and more routine (e.g., a traffic stop), it is critical to understand the ramifications of lighter forms of contact. We argue that, unlike harsh police contact, light, personal, police contact can mobilize individuals, under certain circumstances. When a negative encounter with the police—even if it is minor—runs counter to prior expectations, people experiencing the contact are mobilized to take political action. Using 3 years of observational data and an original survey experiment, we demonstrate that individuals who receive tickets or are stopped by the police are more likely to participate in politics. These effects are most pronounced for individuals with positive evaluations of the police, often White respondents.
... Although policy outputs are important, the theory of symbolic representation deals with public attitudes toward policy and public institutions. Public trust and confidence in political institutions is central to ensuring that citizens obey laws and participate in the political process (Epp et al., 2017;Gibson & Nelson, 2018;Hibbing & Theiss-Morse, 2001;Hurwitz & Peffley, 2005;Roch et al., 2018;Skolnick & Fyfe, 1993;Tyler, 2000). Therefore, understanding whether passive representation affects attitudes distinct from the impact on policy change has important implications for the implementation of public policy. ...
Numerous institutions, such as the police, public schools, legislatures, and the courts face criticism for a lack of diversity and representation. According to various political theorists, the lack of representation of marginalized groups in public institutions worsens citizen attitudes. In response, some advocate for increasing passive representation within public institutions. However, different schools of thought exist about whether increasing representation of minorities is a zero‐sum game and worsens attitudes of historical majorities. We generate and test two hypotheses from these competing perspectives. We employ data from a national survey of students’ attitudes toward the fairness of school discipline using measures that match the different mechanisms found in theory. We find evidence that passive representation for African Americans predicts perceptions of fairness and corresponds to improved, rather than worsened, attitudes for whites. This supports the arguments of Mosher, and others, that increasing the representation of groups enhances legitimacy among the polity as a whole and is not zero‐sum.
... Recent poll data from the Pew Research Center suggest that these views of Black Americans not only extend to less punitive views on sentencing, but also more support for parole and release from incarceration, as compared to White Americans (Horowitz et al., 2019). That data and other research has suggested that Black Americans' attitudes toward punishmentrelated policies may be largely tied to views about racial discrimination and bias in the administration of the criminal justice system, including police interactions, sentencing, incarceration, and parole, and beliefs that Black Americans often received disproportionately punitive treatment by the legal system leading to harsher sentences; reduced punitiveness, to an extent, represents their wishes to "level the playing field" and mitigate racial disparities in criminal justice contacts and outcomes (e.g., Brooks & Jeon-Slaughter, 2001;Brunson, 2007;Hagan et al., 2018;Henderson et al., 1997;Horowitz et al., 2019;Hurwitz & Peffley, 2005;Johnson, 2008). As African-American communities have felt the largest effects of mass incarceration, with the imprisonment rate of Black Americans currently at over five times higher than that of White Americans (Guerino et al., 2011), it would be unsurprising if such attitudes may be related to increased support for the use of "second chance" mechanisms as well. ...
Objectives
This study examines US popular support for mechanisms that provide early release and “second chances” for individuals serving long-term prison sentences.
Methods
An experiment using a national sample of US adults (N=836).
Results
Data showed moderate, consistent levels of general support for using a range of commonly available “second chance” mechanisms that also extended to offenders convicted of both violent and non-violent offenses. Levels of support significantly varied by race, gender, and age. There was significantly more support for using certain mechanisms in response to the trafficking of serious drugs, which was fully mediated by participants’ views on the importance of the cost of incarceration.
Conclusions
Members of the public appear open and supportive to utilizing “second chance” mechanisms in a variety of contexts. Yet the cost of incarceration to taxpayers appears to particularly motivate increased public interest in using such mechanisms for offenders convicted of the trafficking of serious drugs.
