CHAPTER TWO

ETHICS IN CRIMINAL JUSTICE RESEARCH

QUESTIONS

What is the role of the researcher?

What are some ethical issues

in criminal justice research?

Biomedical Research Issues

Use of human subjects in research

Deceptive experiments

Consent (Nuremberg Code)

Aids Research in Africa and Asia (1997) as compared to the Tuskegee Syphilis Study (1978)

What are some other examples?

Social Science

Social scientific studies that relate to crime and deviance.

Miligram’s Obedience to Authority (1974)

Zimbardo’s simulated prison experiment (1972,1973,1974)

Humphrey’s Tearoom Trade (1970)

Project Camelot (1965)

Do researchers have the ethical right to put subjects in a position of emotional stress in the name of science?

Other Research Misconduct

Research Fraud: When researchers purposely fabricate or misrepresent their findings. Examples: “Piltdown Hoax” and the “Tasaday Hoax.”

Plagiarism: When a researcher/writer presents the ideas or work of someone else as his or her own.

Ethical Issues and Guidelinesin Criminology/Criminal Justice Research

Avoid procedures that may harm respondents. Informed Consent? Use of volunteers only? Risk/benefit ratio (Knowledge / Harm) ?

Honor commitments to respondents and respect reciprocity. Reciprocity: Mutual trust between researcher and subject. Biomedical research?

Ethical Issues and Guidelinesin Criminology/Criminal Justice Research

Exercise objectivity and professional integrity in performing and reporting research. Honesty, integrity and objectivity. Acknowledge others who assisted in research.

Protect Confidentiality and Privacy of Respondents. Avoid misrepresentations. Protect confidentiality of sources and information (pseudonyms), i.e.,shield laws, court decisions, Brajuha Case (field notes), Ofshe Case (suit by organizations), Hutchinson Case (public ridicule).

Ethical Issues and Guidelinesin Criminology/Criminal Justice Research

Subjects should be made aware that they may unintentionally be compromised.

Pseudonyms should not be indiscriminately revealed.

Research should be open to other qualified social scientists.

If research has potential policy implications then the limitations of the findings should be revealed.

Government supported research should be unclassified and not used as cover for government intelligence work.

QUESTION

What are research “targets”

in criminal justice?

What would be an example of a unique

ethical problem for the researcher when the focus of research is a “target”

such as prison inmates?

Three Forms of Regulationfor Acceptable Research Conduct

Codes of Ethics, i.e., Academy of Criminal Justice Sciences, National Institute of Justice (NIJ), and American Society of Criminology (ASC); and Institutional Review Boards (IRBs).

Procedures imposed by the federal government, i.e., HEW, HHS. The Belmont Report (National Commission for the Protection of Human Subjects) updated HEW guidelines: the principles of respect for persons, beficence, and justice.

Legal regulation in the court; i.e., Omnibus Crime Control and Safe Streets Act (1973) and “shield laws.”

Avoiding Research Problems

Consider an alternate means of data gathering. For example use two prisons, one control group and one the experimental group as opposed to both groups in one prison.

Report aggregate data as opposed to individual data.

Assume personal liability for the morality of your research.

Role of the Researcher

Primary role is that of scientist.

The role of the researcher requires one to be objective and “value free” in approaching and reporting subject matter.