Procedural Justice Concerns and Technologically Mediated Interactions with Legal Authorities

Abstract

The use of surveillance technologies by legal authorities has intensified in recent years. As new data collection technologies expand into law enforcement spaces previously dominated by interpersonal interactions, questions emerge about whether the public will evaluate interpersonal and technologically mediated interactions with legal authorities in the same ways. In an analysis guided by procedural justice theory, we examine whether and how legal authorities’ use of decision-making technology affects public evaluations of an authority-subordinate interaction and its outcome in the context of airport border crossings. Using an experimental vignette design (N = 278), we varied whether an encounter between a traveller and border security “agent” that produced a secondary search was described as interpersonal (conducted by a human agent) or technologically mediated (conducted by a machine agent). We also varied the traveller’s group membership relative to the nation-state, describing the traveller as either born in the country in question and a member of the nation’s most common racial group (in-group) or not born in the country and a racial minority (out-group). Both encounter type and group membership independently affected perceptions of the interaction (procedural justice judgements) and its outcome (distributive justice judgments). Technologically mediated encounters improved perceptions of procedural and distributive justice. Further, procedural justice judgments mediated the relationship between encounter type and distributive justice, demonstrating how perceptions of interactions influence perceptions of the outcomes of those interactions. Out-group members were evaluated as having worse experiences across all measures. The findings underscore the importance of extending tests of procedural justice theory beyond interpersonal interactions to technologically mediated interactions.