Criminal research methodology and applications

Criminal justice research presents a unique set of ethical challenges. Two of the most significant ethical challenges include the need to protect participant confidentiality, and the need to pursue research that promotes social justice. Lowman & Palys (2001) analyze some of the ethical and legal threats to confidentiality, showing how criminal justice researchers can balance their legal and ethical obligations with their commitment to research efficacy, validity, and reliability. Nouwen (2014), on the other hand, is concerned with the research questions and methodologies used to investigate issues related to social justice, advocacy, and human rights. Both of these are important issues to consider when designing and applying criminal justice research.

Criminal justice research frequently involves situations in which participants divulge sensitive information about a crime they were involved in, a crime they witnessed, or a criminal justice procedure they participated in such as the arrest or processing of an offender. In situations like these, the researcher does remain ethically bound to confidentiality agreements. However, Lowman & Palys (2001) point out four main areas of potential conflict with confidentiality: when there is a statutory obligation to report a crime divulged, when the researcher has the power to prevent a future crime, nongovernmental subpoenas, and governmental subpoenas. As Lowman & Palys (2001) note, subpoenas are categorically different because they place a legal burden on the researcher. It is therefore important to apply what is known as the Wigmore test, whereby the situation is analyzed according to four criteria. If the following four criteria are all met, then the researcher remains obliged, ethically if not legally, to protect confidentiality. First, the confidence needs to have been explicitly guaranteed such as through an informed consent agreement. Second, confidentiality must be deemed essential to maintain the relationship between researcher and participant. Third, the relationship between researcher and participant needs to add value to the community. Finally, the damage done from disclosure is deemed greater than the benefit of breaking confidentiality.

Confidentiality issues are not the only potential ethical challenge for criminal justice researchers. Nouwen (2014) discusses the role of the researcher in international criminal justice, human rights, and advocacy law. While the goal of the researcher remains seeking justice, the goals of the research may be less lofty in nature. There are specific, immediate challenges to research ethics when investigations are being conducted in the midst of conflict, war, or abject poverty. Nouwen (2014) urges researchers to cultivate self-awareness, sensitivity, empathy, and professionalism when conducting politically sensitive research from vulnerable populations. Moreover, Nouwen (2014) advises the application of anthropological paradigms and data collection methods to study structural variables in nuanced, multifaceted ways.

Other ethical conundrums that may arise during the course of criminal justice research include “research fatigue,” presuming a colonialist/exploitative approach to gathering data without giving back to the community or individuals being interviewed, and the power politics inherent in information gathering (Nouwen, 2014, p. 244-246). Researchers tend to come from privileged positions, and therefore control the flow of information and the means by which data is gathered and processed. In fact, their goals may not even promote justice directly even though the researchers profess to do so. To overcome these substantive challenges in international and politically sensitive criminal justice research, Nouwen (2014) advises researchers to develop a new core competency related to self-awareness, by considering the ethical challenges as “findings in themselves,” (p. 250). In other words, the researcher should consider taking a critical and meta-analytic approach to data collection and analysis.

References

Lowman, J. & Palys, T. (2001). The ethics of law and confidentiality in criminal justice research. International Criminal Justice Review.

Nouwen, S.M.H. (2014). As You Set Out for Ithaka. Leiden Journal of International Law 2014(27): 227-260.