Toward a New Methodology for Legal Research in Criminal Justice

Abstract

This article informs the reader about legal research, compares it with other forms of social science research, and ultimately argues for the respect it is due, contending that law is at the core to a complete understanding of criminal justice and criminology. While research has a strong positivistic focus, legal scholarship has often set the foundational aspects of much in the field of criminal justice. The discipline is changing rapidly, however, with mixed methods research combining both qualitative and quantitative analysis, including legal issues in criminal justice. The article maintains that: (1) law research and social science research methodologically are not mutually exclusive; (2) legal research has made significant contributions to criminal justice and is not peripheral to quantitative research; and (3) legal research will and should continue to effectively contribute to the advancement of scholarship in criminal justice.

Acknowledgements

The authors would like to acknowledge the contributions made by the following colleagues, who were the participants in the discussion on this topic during the 2009 Academy of Criminal Justice Sciences meeting: Sue Collins, Craig Hemmens, Tom Hickey, Peter Kraska, Joycelyn Pollack, Jeffery Walker, and Marvin Zalman.

Notes

1. Presented at the 2009 Academy of Criminal Justice Sciences meeting, held in Boston.

2. This article is based on using social science research in academic legal writing (Vaughn and Caroll 1998), whereas the use of social science research in the practice of law is not the focus (Baldus, Pulaski, and Woodworth 1990).