Legitimacy and Evidence-Based Policy

Abstract

Abstract To say that a system of power or the action of a powerholder is legitimate is to say that it commands recognition as being rightful. This necessarily requires a view of legitimacy as a social—rather than a psychological—concept, involving continuous dialogues with multiple audiences in particular situational contexts. In this chapter, the authors first discuss citizens’ “basic legitimation expectations” (BLEs), which, if continuously fulfilled, can help to build and sustain the legitimacy of criminal justice systems. Second, they discuss why legitimate criminal justice matters not only as a mechanism for achieving institutional objectives of crime prevention but, just as importantly, as a condition for citizens to achieve their valued functionings. Third, they differentiate between organizational structures—fragile, resilient, and anti-fragile—based on the impact of rare but unforeseen events on their legitimacy. Finally, they identify certain principles that can help to develop resilient and anti-fragile legitimacy in criminal justice agencies. These include developing structures and practices that are ready for the unexpected, take seriously the pluralistic nature of legitimacy, develop an awareness of their effects on citizens’ functionings, are sufficiently flexible to permit the reversing of policy where necessary, and are always willing to learn from mistakes.