The notion that fair procedures are the best guarantee for fair outcomes is a popular one. Procedural justice is concerned with making and implementing decisions according to fair processes. People feel affirmed if the procedures that are adopted treat them with respect and dignity, making it easier to accept even outcomes they do not like.[1]
But what makes procedures fair? First, there is an emphasis on consistency. Fair procedures should guarantee that like cases are treated alike. Any distinctions "should reflect genuine aspects of personal identity rather than extraneous features of the differentiating mechanism itself."[2]
Second, those carrying out the procedures must be impartial and neutral. Unbiased decision- makers must carry out the procedures to reach a fair and accurate conclusion. Those involved should believe that the intentions of third-party authorities are benevolent, that they want to treat people fairly and take the viewpoint and needs of interested parties into account.[3] If people trust the third party, they are more likely to view the decision-making process as fair.
Third, those directly affected by the decisions should have a voice and representation in the process. Having representation affirms the status of group members and inspires trust in the decision-making system. This is especially important for weaker parties whose voices often go unheard.
Finally, the processes that are implemented should be transparent. Decisions should be reached through open procedures, without secrecy or deception.
S.Y. Bowland talks about African American's lack of trust in the American justice system and its processes.
Many believe that procedural justice is not enough. Reaching fair outcomes is far more important than implementing fair processes. Others maintain that insofar as fair procedures are likely to "translate" into fair outcomes, they are of central importance.