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Ethics and Criminal
Justice Research
OUTLINE
   Ethical Issues in Criminal Justice Research
   Promoting Compliance with Ethical Principles
   Two Ethical Controversies
3




•Ethical concerns – Typically associated with
morality; both deal with matters of right & wrong
•Ethical - May be defined as behavior conforming to
the standards of conduct of a given group
•Matter of agreement among professionals
•We need to know of this general shared
conception among CJ researchers
4




•Dilemma – Balancing potential benefits against
possibility of harm
•Collecting info from active criminals presents
possibility of violence against them
•Psychological harm via remembrance of
unpleasant/traumatic experience
•Possible harm may be justified by potential benefit
of study (still arbitrary)
•Perrone – Drug use in N.Y. dance clubs
5




•CJ research often intrudes into people’s lives

•Asks them to reveal what is generally unknown

•Therefore, participation must be voluntary

•This threatens generalizability
6




•Anonymity – When researcher cannot identify a
given piece of information with a given person

•Confidentiality – A researcher can link information
with a subject, but promises not to do so publicly

•Techniques: Replace names/addresses with IDs,
specify when survey is C rather than A, specify that
info will not be disclosed to 3rd parties
7




•Generally considered unethical

•Sometimes useful and even necessary to identify
yourself as a researcher

•“Don’t go undercover”

•Widom (1999) – child abuse and illegal drug use

•Inciardi (1993) – studying crack houses
8




•Researchers have ethical obligations to scientific
community

•Make shortcomings and/or negative findings
known

•Tell the truth about pitfalls and problems you’ve
experienced

•It is as important to know that two things are not
related as to know that they are
9




•Researchers may expose themselves to criminal
liability by:
  •Failing to report observed criminal activity to the
  police
  •Engaging in participant observation studies
  where crimes are committed
•Subpoenas violate confidentiality
•Legal immunity (42 U.S. Code §22.28a)
10




•Becoming aware of staff misbehavior in agencies
•Research may produce crime or influence its
location or target
  •Crime may be displaced
•Withholding desirable treatments from control
group
•Mandatory Reporting: the Federal Child Abuse
Prevention and Treatment Act of 1974
11




•The National Research Act (1974): signed into law
after a few highly publicized examples of unethical
practices in medical and social science research
•The Belmont Report (1979): a brief, but
comprehensive set of ethical principles for
protecting human subjects
  •Respect for Persons
  •Beneficence
  •Justice
•The American Psychological Association (2002)
code of ethics is quite detailed, reflecting the
different professional roles of psychologists in
research, clinical treatment, and educational
contexts
  •Academy of Criminal Justice Sciences Ethical
  Standards
  •American Society of Criminology Code of Ethics
  •US Department of Health & Human Services
  •American Bar Association Code of Professional
  Responsibility
•Gov. agencies and non-gov. organizations must
establish Institutional Review Boards (IRBs)
  •Members make judgments about overall risks,
  and their acceptability
  •Whether research procedures includes
  safeguards to protect safety, confidentiality, and
  general welfare of subjects
14




•Informed consent – Requires that subjects both
have the capacity to understand and do
understand the research, risks, side effects,
benefits to subjects, and procedures used
  •New Jersey State Troopers and Racial Profiling

•Special populations – Specific regulations exist for
juveniles and prisoners
•Many social research study designs are
regarded as exempt from IRB review under
federal guidelines

•Exempt means that research proposals do
not have to be subject to full IRB review
TWO ETHICAL
          CONTROVERSIES
   Trouble in the tearoom
   The Standford prison experiment

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Ch03 Ethics and Criminal Justice Research

  • 2. OUTLINE  Ethical Issues in Criminal Justice Research  Promoting Compliance with Ethical Principles  Two Ethical Controversies
  • 3. 3 •Ethical concerns – Typically associated with morality; both deal with matters of right & wrong •Ethical - May be defined as behavior conforming to the standards of conduct of a given group •Matter of agreement among professionals •We need to know of this general shared conception among CJ researchers
  • 4. 4 •Dilemma – Balancing potential benefits against possibility of harm •Collecting info from active criminals presents possibility of violence against them •Psychological harm via remembrance of unpleasant/traumatic experience •Possible harm may be justified by potential benefit of study (still arbitrary) •Perrone – Drug use in N.Y. dance clubs
  • 5. 5 •CJ research often intrudes into people’s lives •Asks them to reveal what is generally unknown •Therefore, participation must be voluntary •This threatens generalizability
  • 6. 6 •Anonymity – When researcher cannot identify a given piece of information with a given person •Confidentiality – A researcher can link information with a subject, but promises not to do so publicly •Techniques: Replace names/addresses with IDs, specify when survey is C rather than A, specify that info will not be disclosed to 3rd parties
  • 7. 7 •Generally considered unethical •Sometimes useful and even necessary to identify yourself as a researcher •“Don’t go undercover” •Widom (1999) – child abuse and illegal drug use •Inciardi (1993) – studying crack houses
  • 8. 8 •Researchers have ethical obligations to scientific community •Make shortcomings and/or negative findings known •Tell the truth about pitfalls and problems you’ve experienced •It is as important to know that two things are not related as to know that they are
  • 9. 9 •Researchers may expose themselves to criminal liability by: •Failing to report observed criminal activity to the police •Engaging in participant observation studies where crimes are committed •Subpoenas violate confidentiality •Legal immunity (42 U.S. Code §22.28a)
  • 10. 10 •Becoming aware of staff misbehavior in agencies •Research may produce crime or influence its location or target •Crime may be displaced •Withholding desirable treatments from control group •Mandatory Reporting: the Federal Child Abuse Prevention and Treatment Act of 1974
  • 11. 11 •The National Research Act (1974): signed into law after a few highly publicized examples of unethical practices in medical and social science research •The Belmont Report (1979): a brief, but comprehensive set of ethical principles for protecting human subjects •Respect for Persons •Beneficence •Justice
  • 12. •The American Psychological Association (2002) code of ethics is quite detailed, reflecting the different professional roles of psychologists in research, clinical treatment, and educational contexts •Academy of Criminal Justice Sciences Ethical Standards •American Society of Criminology Code of Ethics •US Department of Health & Human Services •American Bar Association Code of Professional Responsibility
  • 13. •Gov. agencies and non-gov. organizations must establish Institutional Review Boards (IRBs) •Members make judgments about overall risks, and their acceptability •Whether research procedures includes safeguards to protect safety, confidentiality, and general welfare of subjects
  • 14. 14 •Informed consent – Requires that subjects both have the capacity to understand and do understand the research, risks, side effects, benefits to subjects, and procedures used •New Jersey State Troopers and Racial Profiling •Special populations – Specific regulations exist for juveniles and prisoners
  • 15. •Many social research study designs are regarded as exempt from IRB review under federal guidelines •Exempt means that research proposals do not have to be subject to full IRB review
  • 16. TWO ETHICAL CONTROVERSIES  Trouble in the tearoom  The Standford prison experiment