Prosecutorial Procedural Justice and Public Legitimacy in Hong Kong

Cheng, Kevin Kwok-yin

doi:10.1093/bjc/azv106

Cited by 37 publications

(22 citation statements)

References 47 publications

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“…Links between legitimacy, compliance and cooperation have been shown to be portable across divergent policing contexts and in different national contexts, including the United Kingdom (Jackson et al 2012a;Tankebe 2013), Africa (Tankebe 2009;Jackson et al 2014), Israel (Jonathan-Zamir and Harpaz 2014), and Asia (Cheng 2015). Yet, in another respect the literature on procedural justice is narrowly focused.…”

Section: Introductionmentioning

confidence: 99%

Legitimating Practices: Revisiting the Predicates of Police Legitimacy

Huq¹,

Jackson²,

Trinkner³

2016

CRIMIN

146

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Section: Introductionmentioning

confidence: 99%

Legitimating Practices: Revisiting the Predicates of Police Legitimacy

Huq¹,

Jackson²,

Trinkner³

2016

CRIMIN

146

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“…Crucially, people draw on these judgements when thinking about the legitimacy of the institution that officers represent. Supportive evidence for PJT has accumulated impressively in the US over the years (Tyler, 1990;Tyler & Huo, 2002;Sunshine & Tyler, 2003;Tyler & Wakslak, 2004;Tyler & Fagan, 2008;Tyler et al 2010;Tyler et al, 2015;Tyler & Trinkner, forthcoming) and since this pioneering work, tests of procedural justice theory have been conducted in countries across the world, including Australia (Murphy & Cherney, 2012), Israel (Jonathan-Zamir & Weisburd, 2013), UK (Huq et al 2017), Ghana (2009), South Africa (Bradford et al 2014), Pakistan , Hong Kong (Cheng, 2015), Japan (Tsushima & Hamai, 2015), China (Sun et al, 2017) and Trinidad & Tobago (Kochel, 2012). Broadly speaking, this body of work supports the idea that there are, in any given society, certain core norms and values that determine how legal authorities should wield their authority, and when officials are seen to respect those norms and values, this generates institutional normativity among the general populace, and legitimacy motivates willing compliance and cooperation.…”

Section: Setting the Scene #2: An Overview Of Legitimacy Researchmentioning

confidence: 99%

“…Do the normative criteria of legitimacy that people apply to the police depend to some degree on context? It seems, looking across the available evidence, that process matters most when police power is exercised (Kochel et al 2013;Jonathan-Zamir & Weisburd, 2013;Hough et al 2013aHough et al , 2013bCheng, 2015Cheng, , 2016Murphy et al 2016;Sun et al 2017;Brouwer et al 2017). The majority of studies in the US, Australia, UK, continental Europe, Israel and further afield have showed that when citizens believe that officers generally act in procedurally fair ways they also tend to view the institution as morally valid (whether measured via trust/confidence or normative alignment) and to voluntarily defer to the authority that legitimacy lends officers.…”

Section: Towards a Comparative Cross-national Literature On The Antecmentioning

confidence: 99%

Norms, Normativity, and the Legitimacy of Justice Institutions: International Perspectives

Jackson

2018

Annu. Rev. Law. Soc. Sci.

103

138

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This article reviews the international evidence on the potential nature, sources, and consequences of police and legal legitimacy. In brief, I find that procedural justice is the strongest predictor of police legitimacy in most of the countries under investigation, although normative judgements about fair process may—in some contexts—be crowded out by public concerns about police effectiveness and corruption, the scale of the crime problem, and the association of the police with a historically oppressive and underperforming state. Legitimacy tends to be linked to people's willingness to cooperate with the police, with only a small number of national exceptions. There is also a fair amount of evidence that people who say they feel a moral duty to obey the law tend also to report complying with the law in the past or intending to comply with the law in the future. The main argument is, however, that international enthusiasm for testing procedural justice theory is outpacing methodological rigor and theoretical clarity. On the one hand, the lack of attention to methodological equivalence is holding back the development of a properly comparative cross-national analysis. On the other hand, the literature would benefit from ( a) greater delineation between legitimation (the bases on which citizens judge the rightfulness of an institution) and legitimacy (the acceptance or rejection of the rightfulness of an institution and the normatively grounded duty to obey), ( b) stronger differentiation between police and legal legitimacy, and ( c) more attention given to isolating the mechanisms through which rightfulness and consent motivate cooperation and compliance.

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“…This legitimacy-based framework has been confirmed by an impressive body of empirical results. Links between legitimacy, compliance and cooperation have been shown to be portable across divergent policing contexts (see Tyler & Jackson, 2013) and in different national contexts, including the United Kingdom (Jackson et al 2012a;Tankebe 2013), Africa (Tankebe 2009;Bradford et al 2014;Jackson et al 2014), Israel (Jonathan-Zamir and Harpaz 2014), and Asia (Cheng 2015). Yet, the extensive literature on procedural justice is narrowly focused.…”

Section: Introductionmentioning

confidence: 99%