Procedural justice: what it is and why it matters

Treating people fairly and equitably when resolving conflicts or disputes may seem like common sense, but this is not always the case in practice, particularly in the justice system.

In this article, we will explore procedural justice and why it is important in the practice of law and in the courtroom. We will also discuss the role that technology can play, both in terms of risks and rewards, for legal professionals seeking to improve procedural justice.

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What is procedural justice?

Procedural justice refers to the idea that treating people fairly and equitably when resolving disputes promotes more positive perceptions of those processes, regardless of the outcome. It emphasizes respect, reliability, neutrality and listening when making decisions and monitoring processes, which ultimately helps build trust and promote a higher perception of equity.

Procedural justice can be practiced in various systems in which authority figures make decisions, such as in employer/employee relationships, conflicts in educational settings, and the legal system.

When people feel they have been treated fairly and with respect when making decisions, trust and compliance are established.

However, adopting a procedural justice approach requires that people within systems make a deliberate and intentional effort to prioritize fairness, respect, transparency, and listening. And in an area as busy and complex as the justice system, this can be difficult to implement.

What is a good example of procedural justice?

An example of procedural justice in a courtroom would be as simple as providing an interpreter to a person appearing in traffic court if English is not their first language.

In this example, an interpreter allows the person to fully participate in the process by allowing them to tell their side of the story, as well as ask and answer questions accurately.

This way, regardless of the outcome of their traffic case, the person’s experience in court will be more respectful and fair.

Another example of procedural justice is that of alternative dispute resolution (ADR) processes, such as mediation, arbitration and neutral assessment, which allow litigants to seek the assistance of a neutral third party for help resolve a legal dispute in a more collaborative space.

By providing a less confrontational alternative to resolving disputes in court at trial, ADR processes help give litigants a sense of voice and prioritize neutrality and respect.

What are the 4 pillars of procedural justice?

As we discussed in the examples above, for people to perceive their experience as fair, their interactions with decision-makers must reflect the following four key principles:

1. Respect—Everyone is treated with dignity, respect and fairness.
2. Trust—Decision makers display trustworthy motivations and promote confidence in the decision-making process.
3. Neutrality—Decisions are impartial, applied equally to everyone and transparent in their reasoning.
4. Voice—People have the opportunity to express themselves, ask questions and tell their side of the story.

The importance of procedural justice in law

When individuals who interact with the justice system perceive that they are treated fairly and have a voice in the process, they are more likely to accept judicial outcomes, comply with court orders, and respect the law in the future, regardless of the outcome of their trial. case.

Procedural justice in the courtroom

As criminal justice reform advocate Justice Victoria Pratt noted in her keynote address at the Clio Cloud 2024 conference, prioritizing the dignity and respect of everyone is essential to building a culture of trust, and this is especially true in the courtroom.

The secret to this power of procedural justice lies in people’s perceptions of trust and fairness.

Research suggests that when people make overall judgments about the legitimacy of people in positions of authority, they care more about procedural fairness – or how fairly they were treated – than about resulting from the meeting.

So when people in positions of authority treat people with respect and fairness, they can build trust. Simply put, people who perceive procedural justice in their justice system are more likely to comply with the rules and trust the legitimacy of institutions.

Procedural justice and the intersection of technology

For those attempting to apply a procedural justice perspective to their processes within the justice system, technology can be a useful tool – or, potentially, a hindrance – depending on how it is used.

How does technology help the justice system?

As Judge Pratt explained at the Clio Cloud conference, technology has the potential to improve access to justice, particularly when it comes to underserved communities.

“The New York court system has automated processes to help marginalized people file complaints and navigate the system more easily,” she explained. “I have observed how technology can create meaningful experiences for those who are intimidated by the legal process. »

Similarly, consider artificial intelligence (AI), which, according to this year’s Legal Trends Report, 79% of legal professionals are now using in some capacity in their legal practice.

Technologies such as AI can help bridge the gap in access to justice in cases such as real-time translation, which can enable people for whom English is not their first language or who have hearing loss to ensure they have a voice and the opportunity to be heard. heard and ask questions as part of the legal process.

How is technology hindering the justice system?

It is also important to consider how AI can potentially hinder procedural justice, particularly if used without careful human oversight.

Our example of using AI for real-time translation shows the need for human oversight to ensure AI tools are effective and fair.

However, if someone uses an AI system to translate without a human checking for slang nuances in the language, there could be misunderstandings in legal proceedings, which could have the opposite effect. the intended effect, potentially leading to unfair outcomes and an erosion of trust.

AI systems can also contain systemic biases, meaning that using AI results without human thought or oversight can perpetuate and amplify existing inequalities.

“AI can help us, but we need to analyze its results critically. It is essential to use common sense to look beyond the data and consider other factors that ultimately predict human behavior,” explained Judge Pratt.

The role of AI in procedural justice

So while legal professionals can use AI to help them sift through large volumes of legal data to streamline processes and free up time to focus on delivering justice to clients, a human must analyze and evaluate the results of research carried out by AI. Essentially, in law, AI should always be used to help and not to judge.

Learn more about the potential benefits and challenges of AI in the courts in our article “Artificial Intelligence in the Courtrooms.”

AI is a tool that can help legal professionals work more efficiently and improve access to justice and procedural justice, but it does not replace the oversight and thoughtful consideration of humans.

Take for example Clio Duo, Clio’s AI-powered legal partner. With Clio Duo, you can automate routine tasks and prioritize tasks to save time, which you can devote to strategic work and ensure customers feel heard.

Thanks to AI, lawyers can now focus on their clients, resolve cases faster and help more people, which will have a huge impact on access to justice and improve the legal system for everyone.

Final Thoughts on Procedural Justice

Part of the reason procedural justice seems so logical is because it should be: treating people with dignity, respect, and equality should be the norm in our institutions. Unfortunately, with a complex justice system, we cannot take procedural justice for granted.

In order to achieve procedural justice – and build trust – in the law and in the courtroom, citizens must feel a sense of fairness and equality when interacting with authorities. In many cases, this requires ongoing education and active efforts on the part of organizations and individuals, including legal professionals. However, if realized, the impact of procedural justice could be significant for individual clients and for the community.

Want to find ways to thoughtfully use AI in your practice and free up more time in your day to focus on clients? Learn more about Clio Duo and book a demo today.

We published this blog post in December 2024. Last update: December 12, 2024.

Categorized in: Business