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Measure
3.3.2: Evaluations of Equality and Fairness by Court Users
All
individuals (litigants, jurors, witnesses, and victims) who are involved in
a court case form impressions of the way they and others are treated in the
courthouse. Even members of the public who only observe the court
proceedings form impressions. This measure is designed to collect
information about their impressions of the court’s ability to provide fair
and equal treatment.
Planning/Preparation.
The first step is to construct a set of questions that
measure the extent to which court users believe the court is treating
individuals fairly. Many of the questions can be drawn from previous pools
of judicial performance21 and basic research
studies.22 These bodies of literature have been
consulted to design two forms that can be used to gather information on the
experience and perceptions of two groups of court users: (1) a courtroom
group consisting of civil and criminal jurors, witnesses, and litigants
involved in court proceedings; and (2) an administrative group consisting of
persons coming to court to pay a fine, meet with a probation officer, or to
check a court record. (Please refer to Form
3.3.2, Illustrative Questionnaire Concerning the Users’ View of the
Court’s Equality and Fairness, for an example of the questionnaire.)
The
questionnaires are divided into three sections. Section I asks each
respondent to comment on his or her general views of court policies,
procedures, and practices. Section II asks each respondent to comment on his
or her experiences. Section III asks for information on the respondent and
the nature of their contact with the court. This information will provide a
profile of the respondents that may help to explain their answers.
Data
Collection.
Administration of the questionnaire is different for each group. The
distribution strategy for each group is presented next.
Data
Analysis and Report Preparation.
Most responses on the survey instrument are associated with a specific
number code (e.g., "strongly agree" equals 1). Responses are
recorded by entering these number codes into a computer file and then
tabulated using a computer software program.
Analysis
is conducted in two steps. First, each question should be examined to
determine whether the respondent considers the court to be a source of
unfair or unequal decisions. In general, the higher the percentage of court
users that agree that the court acts without bias, the more the court meets
Standard 3.3.
Conclusions
should not be drawn, however, without first analyzing the responses of
various subgroups of respondents. These analyses are important for
determining whether the opinions of some groups are underrepresented. For
example, if most of the respondents are white males, the general analyses
will reflect the opinions of this group. If white males do not see the
favoritism or hostility experienced or perceived by other groups, the
general analyses will not give the whole picture. It is important, then, to
determine how the responses of other groups compare with general responses.
The
responses to different questions also can be examined in relationship to one
another. Does the respondent’s personal experience correlate with his or
her views of how social groups are treated? For example, do those
individuals who feel they were treated on the basis of their race (options 1
and 2 in question 2a) tend to see the court favoring or showing hostility
toward a particular racial/ethnic group?23
It
is important to note that this measure examines perceived bias and
not the accuracy of the perceptions. It is up to the court to determine the
level at which perceived bias among court users warrants further attention.
________________________________________________
21
See note 18.
22 See note 19.
23 One technique for determining the association
between the survey items is correlational analysis. A statistical measure
called the gamma coefficient can be used to test the extent to which the
responses to one question are associated with the responses to another
question. The technique is available in most computer software packages.
Go
to Form 3.3.2
Go
to Standard 3.3
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