Why do people obey the law?

Procedural Justice: A new articulation of the British policing model?Richard BennettNeighbourhood Policing and PartnershipsThames Valley Police

Why do people obey the law? • They fear being caught & punished Instrumental compliance – deterrence theory • They would, but physical barriers stop them Situational compliance – rational choice theory • They think it’s morally wrong Normative compliance • They are just not in the habit of doing so Routinised compliance

Why do people obey the law? • They fear being caught & punished Instrumental compliance – deterrence theory • Thames Valley Police: up to 8,000 people enforcing law. • Thames Valley Population: over 2.2 million residents. • Thousands more coming to work and play. • Over 300:1 and our staff don’t work 24/7

Why do people obey the law? • They would, but physical barriers stop them Situational compliance – rational choice theory • For those who do want to offend we have to make it harder or more risky but we can’t be everywhere all the time!

Why do people obey the law? • They think it’s morally wrong Normative compliance • They are just not in the habit of doing so Routinised compliance We need the vast majority of the population to be thinking like this but how do we make it happen?

Why do people obey the law? • Surveys conducted in many American cities, by several researchers and repeated in other countries • Provide a consistent picture around the importance of legitimacy in law obeyance. Tankebe, J. (2009) ‘Policing, procedural fairness and public behaviour: a review and critique’. International Journal of Police Science and Management, Vol. 11 no. 1, 2009, Pp.8-19. Reisig, M. (2009 ) ‘Procedural Justice, Police Legitimacy, and Helping the Police Fight Crime. Results From a Survey of Jamaican Adolescents’ . Police Quarterly, Vol 12, no 1, 2009, Pp. 42-62. Herbert, S. (2006). ‘Tangled up in blue: Conflicting paths to police legitimacy’. Theoretical Criminology, Vol. 10(4): Pp481 – 504

Why do people obey the law? • Trust in the police is central to why people obey the law & cooperate with the police • Trust fosters legitimacy – the idea that obeying the police & the law is the right thing to do • Trust in the police and legitimacy are shaped by procedural fairness – fair decision-making & respectful treatment • Fairness helps establish group norms Tyler, T.R. and Huo Y.J. (2002) ‘Trust in the Law: Encouraging Public Cooperation With the Police and Courts’.(Russell Sage Foundation Series on Trust, Volume 5)

Tyler’s model of Procedural Justice driving Legitimacy • Procedural elements • quality of decision making • quality of treatment • People make judgements based on their assessment of whether • decisions are objective and impartial • they have been treated with dignity and respect Tyler, T. (2003) 'Procedural Justice, Legitimacy and the Effective Rule of Law', in M. Tonry (ed.) Crime and Justice: Review of Research. Vol. 30. Chicago: University of Chicago Press.

People make judgements based on their assessment of whether: • their views have been listened to • they trust the motives of the police • they share the values the police seem to be motivated by • Procedural elements • quality of decision making • quality of treatment • Process based judgements • Procedural justice • Motive based trust Tyler, T. (2003) 'Procedural Justice, Legitimacy and the Effective Rule of Law', in M. Tonry (ed.) Crime and Justice: Review of Research. Vol. 30. Chicago: University of Chicago Press.

Procedural elements • quality of decision making • quality of treatment • Process based judgements • Procedural justice • Motive based trust Immediate decision acceptance Tyler, T. (2003) 'Procedural Justice, Legitimacy and the Effective Rule of Law', in M. Tonry (ed.) Crime and Justice: Review of Research. Vol. 30. Chicago: University of Chicago Press.

Procedural elements • quality of decision making • quality of treatment • Process based judgements • Procedural justice • Motive based trust Long-term decision acceptance Immediate decision acceptance Tyler, T. (2003) 'Procedural Justice, Legitimacy and the Effective Rule of Law', in M. Tonry (ed.) Crime and Justice: Review of Research. Vol. 30. Chicago: University of Chicago Press.

Legitimacy • Procedural elements • quality of decision making • quality of treatment • Process based judgements • Procedural justice • Motive based trust Long-term decision acceptance Immediate decision acceptance Tyler, T. (2003) 'Procedural Justice, Legitimacy and the Effective Rule of Law', in M. Tonry (ed.) Crime and Justice: Review of Research. Vol. 30. Chicago: University of Chicago Press.

Cooperate with police Legitimacy • Procedural elements • quality of decision making • quality of treatment • Process based judgements • Procedural justice • Motive based trust Long-term decision acceptance Immediate decision acceptance Tyler, T. (2003) 'Procedural Justice, Legitimacy and the Effective Rule of Law', in M. Tonry (ed.) Crime and Justice: Review of Research. Vol. 30. Chicago: University of Chicago Press.

Cooperate with police Legitimacy Comply with law • Procedural elements • quality of decision making • quality of treatment • Process based judgements • Procedural justice • Motive based trust Long-term decision acceptance Immediate decision acceptance Tyler, T. (2003) 'Procedural Justice, Legitimacy and the Effective Rule of Law', in M. Tonry (ed.) Crime and Justice: Review of Research. Vol. 30. Chicago: University of Chicago Press.

Cooperate with police Legitimacy Comply with law Empower police • Procedural elements • quality of decision making • quality of treatment • Process based judgements • Procedural justice • Motive based trust Long-term decision acceptance Immediate decision acceptance Tyler, T. (2003) 'Procedural Justice, Legitimacy and the Effective Rule of Law', in M. Tonry (ed.) Crime and Justice: Review of Research. Vol. 30. Chicago: University of Chicago Press.

Cooperate with police Police effectiveness Legitimacy Comply with law Empower police • Procedural elements • quality of decision making • quality of treatment • Process based judgements • Procedural justice • Motive based trust Long-term decision acceptance Immediate decision acceptance Tyler, T. (2003) 'Procedural Justice, Legitimacy and the Effective Rule of Law', in M. Tonry (ed.) Crime and Justice: Review of Research. Vol. 30. Chicago: University of Chicago Press.

Cooperate with police Police effectiveness Legitimacy Comply with law In Holland it is different Empower police • Procedural elements • quality of decision making • quality of treatment • Process based judgements • Procedural justice • Motive based trust Long-term decision acceptance Immediate decision acceptance De Vries, Dr M. S. (2002) ‘Legitimacy and Public Sector Quality: How Citizens Judge the Quality of the Police’ The Police Journal, Volume 75, Pp 301 - 321

Cooperate with police Police effectiveness Comply with law In Ghana it is different • Procedural elements • quality of decision making • quality of treatment Tankebe, J. (2009) 'Public Cooperation with the Police in Ghana: Does Procedural Fairness Matter?' Criminology 47(4): 701 – 730

Procedural Justice The research has shown that where Procedural Justice is used people are more likely to • Cooperate with the police • Comply with the police and the law • Trust the police to use their powers • Accept adverse judgements • Become more involved in their communities

What about in the UK? NPIA Sponsored Research • Analysis based on a nationally representative survey • A random sample of the public from across England & Wales (n=937) • Fieldwork conducted between June & August 2009 • Questionnaire administered face-to-face • Use of structural equation modelling • Found the same results in the UK as other countries Unpublished research conducted by Quinton, P., Jackson, J,. Bradford, B., Hough, M., Myhill, A. and Tyler,T.

So what? • Potential demand reduction & cost saving • A substantial proportion of detections come from information provided by the public • Problem-solving based on community engagement can reduce crime & anti-social behaviour • People are more likely to follow police instructions (even if they disagree with them) • Possible increase in officer safety

Increasing the Perception of Legitimacy • Fairness is more important than effectiveness in terms of perceptions of legitimacy • (i.e. Treatment is more important than outcome) • Legitimacy stems not only from perception of fairness but of moral alignment • (i.e. Police and the policed share moral positions) • It is not about agreeing with the law, but about a shared sense of right and wrong “The police are the most visible agent of social control and the most high-profile institution in a justice system that is empowered to define right and wrong behaviour” Hough et al. (2010) Procedural Justice, Trust, and Institutional Legitimacy

How new is this theory? Sir Peel’s 1829 police force was based around three themes: - Prevention - Modest powers - Separation from the state Sir Robert Peel

How new is this theory? The basic mission for which the police exist is to prevent crime and disorder. The ability of the police to perform their duties is dependent upon the public approval of police actions. Police must secure the willing co-operation of the public in voluntary observation of the law to be able to secure and maintain the respect of the public. Sir Robert Peel

How new is this theory? The degree of co-operation of the public that can be secured diminishes proportionately to the necessity of the use of physical force. Police seek and preserve public favour not by catering to public opinion, but by constantly demonstrating absolute impartial service to the law. Police use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice, and warning is found to be insufficient. Sir Robert Peel

How new is this theory? Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent upon every citizen in the interests of community welfare and existence. Sir Robert Peel

How new is this theory? Police should always direct their action strictly towards their functions, and never appear to usurp the powers of the judiciary. The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it Sir Robert Peel

How new is this theory? Police should always direct their action strictly towards their functions, and never appear to usurp the powers of the judiciary. The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it This is an entirely Normative view of the policing mission Sir Robert Peel

Preventing Crime and Disorder: Police ‘Patrol’ Peel developed ‘beats’ i.e. Proactive patrol rather than reactive attendance alone, so officers become: • Known to the public who would then provide information • Familiar with people and places (and thus recognise suspicious persons or criminal activity) • Highly visible, tending to deter criminals from committing crimes in the immediate vicinity • Highly visible so open, accessible and accountable (not a secret police force)

What happens when legitimacy fails? Reading the Riots Investigating England’s summer of disorder • Hundreds of interviews with people who took part in the disturbances which spread across England in August revealed deep-seated and sometimes visceral antipathy towards police. • Widespread anger and frustration at the way police engage with communities was a significant cause of the summer riots in every major city where disorder took place.

What happens when legitimacy fails? Reading the Riots Investigating England’s summer of disorder • “If the law's not stopping me, then I could do it. If the law was there to stop me I would not have done it.” • "What I really noticed that day was that we had control. It felt great. We could do what we wanted to do. We could do as much damage as we can, and we could not be stopped. • "Normally the police control us. But the law was obeying us, know what I mean?"

What are the lessons for policing • The police are agents of the state in their role to; • secure greater unification and • provide material support to communities, and • be responsive to their changing demands. • through this the police show how a responsive state should act and perform an emblematic role signalling the presence of necessary elements of legitimacy. Jackson, J. and Bradford, B. (2009) ‘Crime, policing and social order: on the expressive nature of public confidence in policing’ British Journal of Sociology, Vol 60, Pp 493 - 522

The Arab Spring Why did people’s protests in Egypt, Algeria, Libya and Yemen lead to changes of government last year?

The Arab Spring Just as importantly - why did the protests in Bahrain, Syria and Tunisia not overthrow the government?

Legitimacy • legitimacy is based upon the notion of a common consent of a society to be ruled • a collective willingness of the populace to abide by laws that are made by a state • doing so to create the conditions in which individuals can exercise their own freedoms with the minimum interference from others. Locke, J. (1690), (Author) Laslett P. (Editor) ‘Two Treatises of Government’ (Student Edition). Cambridge University Press.(1988)

Legitimacy Legitimacy is multi-dimensional in character and has rules • The rules can be justified by reference to beliefs shared by both dominant (rulers) and subordinate (ruled). • There is evidence of consent by the subordinate to the particular power relation • Legitimacy is essentially built on Normative Motivation arising from shared expectations and values. “...what makes power legitimate in one society may differ from others and the criteria for legitimacy in one may be rejected by another.” Beetham, D. (1991) The Legitimation of Power: Issues in Political Theory. London. Macmillan 1991

Legitimacy The Western model of democratic legitimacy does not resonate in every country however; • Power must be seen to serve the recognisable public interest rather than the interests of the powerful. • Legitimacy sets limits on the behaviour of the powerful as well as obligation on the subordinate. • Changing circumstances can make the justification for rules implausible/unsustainable. • Open dissent and disobedience from those who could consent will erode legitimacy – the more people involved the greater the erosion. Beetham, D. (1991) The Legitimation of Power: Issues in Political Theory. London. Macmillan 1991

Legitimacy Power may not collapse or obedience cease if it can be kept in place by Incentives and sanctions/coercion • Illegitimate governments need to spend huge amounts of money and political capital on suppressing the dissent • The use of force further undermines legitimacy • Sections of the apparatus of power may dessert the leader as they recognise delegitimisation • troops being ordered to fire on citizens. • the powerful can become trapped in trying to maintain their legitimacy

Legitimacy • Legitimacy represents the most sustainable and effective way for a government or government agency to secure the willing compliance of the population. • The elements of legitimacy can change over time and authority needs to respond to this. • Policing can secure increased legitimacy through the observance and reinforcement of positive normative values. • The best policing builds legitimacy as much as it fights crime.

Why do people obey the law?