범죄의사결정과 법집행 전략 : 절차적 정의 이론의 법집행 상의 함의를 중심으로

Procedural justice theory explains that procedural fairness in law enforcement predisposes individuals to perceive law enforcement as legitimate, resulting in voluntary compliance with the law and support and cooperation with law enforcement. As a theory of criminal decision-making, this theory considers the violation of laws to be conditional on characteristics of law enforcement or criminal justice system. Thus, in this paper, I review procedural justice theory and suggest some implications of this theory regarding crime control strategies for law enforcement. As mentioned above, procedural justice theory has two psycho-cognitive paths: perceived procedural fairness influences perceived legitimacy of law enforcement, and that perceived legitimacy facilitates both compliance with the law and support and cooperation with law enforcement. These two paths have been supported by various empirical studies from developed western countries and South Korea. However, there is some ambiguity concerning whether individuals recognize changes in law enforcement. In this respect, in this paper, I discuss various controversies, limitations, and possibilities regarding procedural justice theory in relation to law enforcement practice.