Ethics in Criminal Justice Research Lesson Plan Teaching Criminal Justice Research Ethics through a Classroom Based Mock Trial Educational Module Overview: This educational module is designed for the teaching of research ethics to criminal justice students. Specifically, the module is designed for teaching research ethics in a research methods course where the principal focus is on introducing students to three key components of ethical criminal justice research: 1) Determining the intellectual and social contributions of any research study; 2) Protecting the rights of human subjects; and 3) Ensuring ethical researcher conduct. The goals of criminal justice research are far reaching, and many research studies aim to assess the effectiveness of different laws, correctional programs, law enforcement tactics, and criminal justice policies. Research in these arenas impacts not only offenders, potential offenders, and criminal justice practitioners, but also the general public. At the same time, criminal justice research often involves interaction with human subjects, and more importantly interaction with several vulnerable populations of potential research subjects. These populations include incarcerated offenders, juveniles, and mentally ill individuals. Therefore, public safety, subject wellbeing, and cost effectiveness are points of paramount significance in criminal justice research. Researchers looking to engage in ethical criminal justice research practices need to consider several important points. First, when working with the populations of research subjects listed above, the issue of voluntary informed consent must be strongly scrutinized. Researchers must constantly question the ability of offenders, juveniles, and the mentally ill to provide voluntary informed consent, while also seeking out ways to ensure that such consent has been granted. Second, given the sensitive nature of data often obtained in criminal justice research (e.g. criminal history information, current offending patterns, gang involvement, and substance abuse habits), researchers must be diligent in protecting the confidentiality and anonymity of subjects. Third, because many criminal justice research studies aim to identify the causes and correlates of criminal behavior, subjects (including both offenders and victims) are often asked to recall and discuss highly personal and disturbing events from their lives (e.g. child abuse, domestic violence, criminal activities). Therefore, it is important that researchers are never shortsighted when considering the potential psychological harms that may befall research subjects. Finally, criminal justice research studies often evaluate the effectiveness of many correctional policies. Likewise, policies are often designed, implemented, and/or modified based upon the findings of these studies. Therefore, researchers need to pay close attention to the accuracy of the information collected and disseminated throughout the course of their studies. In order to adequately prepare future researchers for participation in ethical research, criminal justice students should not simply be made to memorize the basic guidelines for how to ensure informed consent, protect subject confidentiality, ensure subject safety, and produce socially beneficial research results, as is often the case in criminal justice research methods courses. Instead, students should be encouraged to become engaged in the learning process and taught to truly understand, contemplate, and debate the nuances of ethical research. Author: Ryan G. Fischer, Ph.D. May 2008 1 Ethics in Criminal Justice Research Lesson Plan Focus and Goals of Educational Module: The primary focus of this educational module is a classroom based mock trial designed to mimic the Nuremberg Trials. The purpose for choosing the Nuremberg Trials as a point of reference stems from the fact that the “Doctors Trial” which began in 1946, led to the Nuremberg Code. The Nuremberg Code became the first legal effort to result in ethical guidelines for research involving human subjects (Dooley, 2001). Many of the ethical principles listed in the Nuremberg Code are still included in modern guidelines for ethical criminal justice research; including voluntary consent of human subjects, the requirement of socially beneficial research results, avoidance of physical and mental suffering for subjects, and freedom for subjects to stop participation in the study at any time. This educational module aims to improve upon standard lecture based approaches to teaching criminal justice research ethics in the following ways: 1) Encouraging student-instructor interaction in the learning process; 2) Engaging students in public speaking and debate; 3) Introducing students to several important historical events and research studies that have shaped current guidelines for ethical research; and 4) Increasing student understanding and retention of the critical components of ethical research in the field of criminal justice. Lesson Plan Stage One: Assignment of Readings The instructor should assign students several readings that target diverse topics and concepts associated with conducting ethical research in the field of criminal justice. The assigned readings should provide students with information about key ethical components in the field of criminal justice research, important historical events, and major research studies that have shaped current ethical research guidelines. Below is a list of suggested reading material that discusses the basic components of ethical research, provides concrete examples of the ethical barriers faced when conducting criminal justice research, and includes information about other sources available to students: Books: Babbie, E. (2007). The Practice of Social Research (11th ed.). Belmont, CA: Thomson Wadsworth. Dooley, D. (2001). Social Research Methods (4th ed.). Upper Saddle River, NJ: PrenticeHall, Inc. Humphreys, L. (1970). Tearoom Trade: Impersonal Sex in Public Places. New York, NY: Aldine de Gruyter. Maxfield, M. & Babbie, E. (2007). Research Methods for Criminal Justice and Criminology (5th ed.). Belmont, CA: Thomson Wadsworth. Internet Sources: Institute for Criminal Justice Ethics: http://www.lib.jjay.cuny.edu/cje/html/institute.html Author: Ryan G. Fischer, Ph.D. May 2008 2 Ethics in Criminal Justice Research Lesson Plan Stanley Milgram’s Obedience Experiments: http://www.new-life.net/milgram.htm Philip Zimbardo’s Stanford Prison Experiment: http://www.prisonexp.org/ Lesson Plan Stage Two: PowerPoint Lecture The PowerPoint lecture is designed to serve as an overview of the basic components of ethical research in the field of criminal justice. Additional instructor notes are included with the PowerPoint lecture. It is suggested that students read chapter three from the Babbie textbook, chapter two from the Dooley textbook, chapter three from the Maxfield and Babbie textbook, or an ethics chapter from a similar textbook prior to the PowerPoint lecture. The PowerPoint lecture is designed for a class session that is between one and one and one-half hours in length. Lesson Plan Stage Three: Assigning Students to Courtroom Roles Stage three of this educational module consists of assigning students to different courtroom roles connected to a particular research study. The educational module is designed to allow instructors to utilize real criminal justice research studies as the basis for the trial, or to create fictional research studies that have questionable ethical details. The current lesson plan includes a case description for a fictional research study: “Methamphetamine Use in Crystal Flats.” The roles assigned to students will mimic the roles of individuals involved in the Nuremberg Trials, namely Prosecutors, Defense Counsel, Defendants, Witnesses, and Judges. This educational module is designed for use with various class sizes, so the number of attorneys, witnesses, and judges can be changed. Ideally, the instructor should select students to play the roles of the following characters: Two or three prosecuting attorneys Two or three defense attorneys Two defendants (Dr. Hash and Dr. Krank) Four witnesses o Student at coffee shop o Student filling out self-survey at community center o Guy/girl at local pool hall o Friend of girl believed to be under the influence of drugs who was observed by Dr. Krank The remaining students in the class are assigned the role of judges. The assignment of roles to students can take place any time between the initial assignment of readings (Stage One) and the end of the PowerPoint lecture (Stage Two) depending upon the duration of time between class meetings. Roles should be assigned early enough to allow students adequate time to prepare the mock trial materials described below. All students in the class should be given copies of the case description, witness/defendant statements, and the discussion questions several days prior to the mock trial. Author: Ryan G. Fischer, Ph.D. May 2008 3 Ethics in Criminal Justice Research Lesson Plan Students assigned to play the role of one of the defendants or witnesses should be instructed to prepare their own 250-350 word statement. The witness statements should briefly describe their observations, actions, feelings, and thoughts during their relevant involvement with the research study (as described in the case description). For example, the “student at the coffee shop” witness might describe why he/she was at the coffee shop, what his/her friends were speaking about, how Dr. Krank approached the group of students, what Dr. Krank said prior to asking students questions, what some of the questions were, and how the student felt about being asked questions by Dr. Krank. The defendant statements should be similar to the witness statements. However, the defendants should also include some information about their reasons for wanting to conduct the study, the goals they hoped to accomplish, and the way they felt about the study after it was completed. Students should be encouraged to use their own creativity when writing their statements, and should only be reminded to not contradict the material contained within the case description. Students assigned to the prosecuting attorney roles should be instructed to prepare opening and closing statements (limited to five minutes each), and questions to ask each of the defendants and witnesses (using the case description and the witness/defendant statements as guides). Ideally, these tasks should be evenly distributed among the two or three prosecuting attorneys. Students assigned to the defense attorney roles should be instructed to prepare opening and closing statements (limited to five minutes each), and questions to ask each of the defendants and witnesses (using the case description and the witness/defendant statements as guides). Ideally, these tasks should be evenly distributed among the two or three defense attorneys. Lesson Plan Stage Four: Classroom Mock Trial The mock trial is designed to take place during a class session that lasts one to one and one-half hours. Time and structural constraints are included in the description below in order to ensure adequate time for all necessary components of the trial. The format listed is for a 90 minute trial (80 minutes max of statements/questioning, 10 minutes of flexibility), and time constraints can be changed depending upon the number of witnesses and the available class time. The prosecuting attorneys should sit together near the front of the classroom. The defense attorneys, as well as the defendants, should also sit together near the front of the classroom. A “witness stand” should be provided for individual testimony. The judges and witnesses can remain in their normal seats to observe the proceedings. The suggested order of trial events is listed below: Prosecutors make their opening statement (maximum of five minutes) Defense Council makes their opening statement (maximum of five minutes) First witness takes the stand and is questioned first by the prosecution, then by the defense (max. of five minutes of questioning per side ~ ten minutes total) Witnesses two through four take the stand one at a time and follow the same format as the first witness Author: Ryan G. Fischer, Ph.D. May 2008 4 Ethics in Criminal Justice Research Lesson Plan First defendant takes the stand and is questioned first by the prosecution, then by the defense (max. of five minutes of questioning per side ~ ten minutes total) Second defendant takes the stand and follows the same format as the first defendant Prosecutors make their closing statement (maximum of five minutes) Defense Council makes their closing statement (maximum of five minutes). At the conclusion of the trial, the instructor should assign all judges to prepare written decisions (approximately 350-500 words in length) that address four major areas: 1) the intellectual/social contributions of the research study; 2) the study’s limitations and strengths with regard to protecting human subjects; 3) the ethical and/or unethical conduct of the researchers; and 4) a decision of guilt or innocence for each of the defendants and a suggested sanction (when guilty verdicts are rendered). Lesson Plan Stage Five: Classroom Discussion and Statement of Judges’ Decisions This stage of the educational module can take place at the class session following the mock trial or online via discussion boards (such as BeachBoard). The instructor should begin this stage by providing a summary of the judges’ decisions. The instructor can then open the floor to discussion/debate of the decisions, recommended punishments, and components of the case. To wrap up the educational module, it is recommended that the instructor encourage students to discuss ethical alternatives to the researchers’ unethical behaviors. Author: Ryan G. Fischer, Ph.D. May 2008 5