What is the role of ethical empirical research in the field of criminal justice? Criminal justice is the system, guided by law, through which crimes and criminals are detected, apprehended, detained, litigated and the appropriate punishment meted out. This system usually comprises of three branches, the police, the law courts and the correctional facilities. Empirical research is researched based on personal observations and experiences and is normally carried out to answer a particular problem or test a hypothesis.
Such research is important in the understanding of human behavior, by testing and/or trying to predict or simply just making an informed guess about the criminal mind. It creates the precedence that helps uphold the rule of law in any given society. In the event of carrying out these activities, though, there have to be ethical considerations which ought to be put in consideration. Ethical means conforming to the morals of conduct of a particular profession or group (Websters New World Dictionary). For criminal justice to be successful and accepted by the public, the three branches have to abide by a code of conduct i.e. ethics in the process of policy formulation (research) and in the enforcement of the rule of law.
During the course of empirical research in criminal justice, there some ethical principles that need to be observed. These include: no harm, of any kind, be it physical or psychological should the respondents be subjected to, participation in the research should be absolutely voluntary, the respondent should be able to make an informed consent about participation; in that all details and possible risks should be outlined to him prior to inclusion in the research and that the researcher should uphold anonymity and confidentiality to safeguard the participants right to privacy. All these are examples of the ethical considerations researchers have to ensure they adhere to before, during and after conducting criminal justice research.
Section 1: Conducting Empirical Research in Criminal Justice
To assess the role of ethical research in criminal justice, I chose to assume the role of a Superior Court Judge. This decision was based on a number of vast experience judges have in judicial processes, particularly in relation to criminal justice.
In lieu of the above-chosen role, I settled on a topic about sexual offenders and their presumed proximity or closeness to their sexual victims. This would most likely be as a result of exposure to several sexual offence cases presided over as a superior court judge.
The following hypothesis was derived from the topic to be empirically explored: Most sexual offenders are people close and/or related to their victims.
The research focus will be pure research. This is because the research will try and understand the real-world problem of the closeness of sexual offenders to their victims in a bid to further expand already existing knowledge on such relationships.
The research design will be qualitative research as the goal of the research is fundamentally exploratory and seeks to come to the bottom of motivations and trends.
Section 2: Importance of Empirical Research in Criminal Justice
The key cornerstones of justice are a legal representation, fair trial and the provision of sufficient evidence. As a result, a lot of the burden falls in the hands of the police and public prosecutors as an individual is often deemed innocent until proven guilty. Nowadays, most law implementation officers attempt to use evidence-based approaches to avert and retort to crime (Blevins, 2013). Hence, credible empirical research can be used in a court of law as evidence in order to support prosecution or defense of a suspect, championing further the cause of criminal justice.
Empirical research also assists in the setting up of policy frameworks for criminal justice. Matters such as culpability and amount of punishment can be based or decided upon based on research. Criminal impartiality policy is made on an incremental basis and it is progressive on at least two levels, the principal being the formation of broad policy limitations and the second being the transformation of program restrictions into policy programs (Lindblom, 1959; Lomas, 2000).
Section 3: Ethics & Empirical Research
3.1
For the issue of the relation of sexual offenders to their victims, there need to be certain ethical codes followed in order to avoid risks. The first step is to probably identify all potential risks that can be associated with the research e.g. physical, psychological, legal or emotional. There should be adequate provisions to ensure the guaranteed safety of research participants and potentially vulnerable populations such as children or the elderly. Procedures have to be avoided, for the use of persons below the age of consent and getting too close to the sexual offenders.
To ensure professionalism in the research, the results have to be handled objectively. Necessary agencies or institutions have to be made aware of the research and the results should be published for public and professional scrutiny. For their efforts in the research, the participants are to be remunerated at regular intervals and/or as a lump sum at the end of the research.
To ensure respondents confidentiality, the report would not publish any private or privy information about the numbers. Each respondent would be characterized by a particular code, using both numeral and letters. All data will be encrypted from the moment of entry, manipulation, and tabulation. Access to participant private information shall be restricted to only the senior leaders of the research teams, who are liable and report directly to the head of research. The data shall also be stored in locked safes only accessible by security codes that are only available to the head of research.
3.2
The research will seek to involve the local communities and colleges. This is in line with the constitutional priority of public involvement. Such research helps to create awareness in the local community especially in relation to sexual offenses and help boost community policing of sexual offenses. This helps the community feel as partners, rather than subjects, of the research. Involvement of the local colleges also helps to expose the college students to a research environment, leading to innovation into research ideas and avenues. This harnessing of local talents can also expose students to exploring their own income generating opportunities as they would be paid as research assistants and/or participants.
In the course of the research, institutional review boards evaluating protection of human subjects is key in ensuring the rights and welfare of participants in the research. All research that necessitates the use of human subjects has to undergo vetting and approval from such boards in order to create standards and promote safety.
CONCLUSION
Ethical research is important in criminal justice. Empirical research at that offers an avenue for increased knowledge on particular areas of interest. I would advise the research agency to uphold all standards of ethical research. A weekly report of the research will have to be prepared in order to promote accountability. All the participants will have to be paid in full the amount owed to them. Local communities too will have to be actively engaged and involved.
Reference
Websters New World Dictionary
The Importance of Research and Analysis in Policing, Blevins, 2013
The Influence of Research on Criminal Justice Policy Making, H. Garrison 2009
An Agenda for Ethical Research in Criminal Justice: Criminal Process and Prosecution Hodgson & Roberts, 2010
The Benefits OF Statistical Data: Criminal Justice Johnnie Banch, 2016
Empirical Study of Criminal Punishment, Levitt & Miles, 2007
Research Methods in Criminal Justice and Criminology (9th Ed.) Hagan, F., 2014.
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