Law and Society Research Methods

• Several methods are applicable in law and society research, exceeding a single method per study.
• Common sociological research methods: historical, observational, experimental, and survey studies.

Methods of Inquiry

• Methodological decisions are made in various stages with factors like research design, population, and data collection considered
• Differences among the four methods depend on strategy to obtain data for a research purpose.
• The researcher may interview participants in the observational method
• Subjects are under observation by the researcher in the experimental method
• Historical evidence is used in observational, survey, and experimental studies.
• Theory often determines the research methods used.
• Method selection depends on the desired information.
• Observation or participant observation is best to study the sequence of events and explanations of the event’s meanings by participants before, during and after their occurrence
• Direct observation and participation are key, which enables the researcher to record events and participants' experiences firsthand.
• Observation is suited for understanding a particular group and social processes within that group
• The historical approach is used if observational events are not available because they occurred in the past
• Intensive interviewing of key persons and informants is best to study norms, rules, and status in a group
• Surveys is best to determine numbers, proportions, ratios, and other quantitative information about the subjects in his or her study.
• Experiments is the best to measure the effect of certain independent variables on some dependent variables.

Historical Methods

• Sociologists often study social phenomena at one time—the present.

• Historical analysis indicates consequences from events comparable to past events thus seeing history as more than simple facts.

• It can generate an understanding of social change processes and various factors shaping the present.

• Historical research involves critical investigation of past events, weighing evidence validity, and interpreting such evidence.

• A wide variety of historical documents and materials act as substitutes for direct data from people or events under study

• Data sources include census data, archives, court and tax records, business ledgers, diaries, witness accounts, and propaganda literature.

• The researcher uses these data for secondary analysis, which is data not generated for the study's purpose.

• Accuracy and thoroughness documents are vital to the historical method's success

• Thorough data enables the researcher to gain insights, generate hypotheses, and test hypotheses.

• Official records and public documents offer data for sociological analyses establishing long-term legal trends.

• William J. Chambliss revealed vagrancy statutes changed in England due to emerging social interests.

• The first full-fledged vagrancy law was enacted in 1349

• The law regulated giving alms to unemployed.

• Vagrancy statues were revived and strengthened in the sixteenth century due to commerce and industry increasing.

• Vagrancy laws now control people and activities seen as undesirable.

• Jerome Hall demonstrated changing social conditions and social interests form trespass laws in fifteenth-century England.

• The historical method is used to test theories.

• Mary P. Baumgartner studied status of the defendant/litigant along with rulings and verdicts awarded between 1639-1665 New Haven

• Verdicts and sanctions awarded favored people with high status

• Lawrence M. Friedman and Robert V. Percival surveyed two California trial court caseloads at five points between 1890 and 1970

• Trial courts work less on settling disputes and more on administration and routine.

• The dispute-settlement function of trial courts declined noticeably.

• Life-histories method uses narrations of personal experiences, known as the life-histories method

• Relies on a person's reporting of life experiences relevant to the research interest.

• Life histories are part of ethnographic reports known as "memory cases"

• It obtains insight into past conflict/dispute, mainly when unwritten records are unavailable.

• Life histories can be tainted by selective recall.

• Subjects tend to remember events that impressed them.

• Life-history method insights:

• Provides insights into world usually overlooked by objective methods of data collection.

• Serve as basis for assumptions necessary for systematic data collection.

• Details provide new/different perspectives for research.

• Used if extensively studied areas grow "sterile".

• Opportunity to view and study dynamic social interactions and events unavailable in data.

• Accuracy and thoroughness of documents and materials is a noteworthy difficulty to consider in historical methods

• Data are "compiled" by others without researcher supervision.

• Recorders use their definitions of situations; define and select events as important and insights into recordings.

• Reliability and validity of documents must be determined by researcher

• Documents should be verified for internal consistency and external consistency.

• The historical method yields details unmatched by other methods, should be combined with other data methods.

Observational Methods

• Observational methods split into:
• Using human observers like participant observers and judges or mechanical observers.
• Directly elicit responses from subjects by questioning via trained interviewer
• Observational methods can be carried out in both controlled situations (laboratory) and in field settings.
• Participant observation is frequently used in anthropological research.
• Bronislaw Malinowski and E. Adamson Hoebel lived in societies and studied knowledge of prehistoric law.
• Anthropologists obtain opportunity to observe legal phenomena depending on a combination of circumstances/luck Researchers proceed by use of methodological eclecticism, choosing methods that suit purpose and the present circumstances.
• Unobtrusive measurement, case studies, documentary and historical analysis, in-depth interviewing, are complements to direct observation.
• Observational techniques are used in laboratory/controlled.
• Little research has been done with actual juries due to private deliberation legal requirements.
• Wish to study jury deliberations, social scientists use mock trials.
• The mock trial helps permit variable manipulation and case replications.
• The deliberation processes leading up to the verdict is studied by laboratory jury.
• Video/audio recordings of deliberations are analyzed.
• Sociologists and other social scientists use observational methods in natural field settings via direct contact with subjects.
• Studies attempt to find out/understand how law typically works daily.
• Several notable criminal justice system aspects are included in this research
• Studies of the police by Richard V. Ericson, Maurice Punch and Jerome H. Skolnick
• Frank W. Miller's study of prosecution.
• Donald J. Newman's study of conviction.
• Abraham S. Blumberg's work on entire criminal justice system.
• Discretion functions in legal proceedings are central to study findings, and decisions are made at each step in the criminal justice system.
• Advantages to observational methods:
• Opportunity to record information as event unfolds shortly thereafter.
• Observations/information recorded independently of a the observed person's recording abilities.
• Observation is the only method if verbal or written communication is difficult.
• Observer need not rely on the observed person's willingness to report events.
• Limitations to observational research:
• Method is not applicable to large social setting research.
• The scope investigated must be small/manageable by limited researchers.
• Great likelihood that researcher's selective perception and selective memory is biases the study's results.
• There is a problem with selectivity in data collection.
• Cannot easily access the reliability/validity of researcher interpretations.
• Researchers must respond to the criticisms by noting the imprecision cost is compensated by the quality of collected data.

Experimental Methods

• Psychologists and social scientists use experimental methods to test causal relations
• An experiment can be carried in a laboratory/field setting, beginning with two/more equivalent groups
• An experimental variable is introduced into ONLY the experimental group.
• The researcher measures the phenomenon under study before/after variable introduced, to measure change by the variable
• Matched-pair technique and random-assignment technique are two ways to set up experimental/control groups
• Similar in all variables persons are found in matched-pair technique
• Random-assignment technique involves statistically random assignments made to the experimental group
• Difficulties occur with sociology experiments
• Expensive to involve thousands and can take years
• Ethical & legal concerns prevent using people in injurious experiments.
• Researchers cannot force unwilling people to participate.
• Experimental subjects act differently.
• Experiments with human subjects are reliable when true object is unknown to subjects.
• Deception distinguishes harmless deception and intellectual dishonesty.
• Juror deliberation, courtroom object evaluation, and resource allocation have been studied in law and society research experiments.
• Effectiveness determined of police patrols on crime + pretrial hearings.
• A controlled experiment to determine whether pretrial hearings save time.
• The experiment determined pretrial hearings waste time
• New Jersey changed its rules to make pretrial hearings optional.
• Many experiments are conducted in laboratory situations.
• National Commission on Cause and Prevention of Violence relies on laboratory report results.
• The commission watched two groups: children watching violent acts and after observed at pay, and children not watching violent acts
• The children watching violence committed more violent acts
• College students applied electric shocks to "learners if a mistake was made.
• Violent film increased stronger shocks on "learners".
• Laboratory experiments reveal insights into human behaviors, achieving controlled observation but also unreality.
• Subjects are isolated from outside/normal environment.
• Experiment is criticized for unnaturalness and questioned generalizability.
• Experimental methods in nonlaboratory settings increase generalizability of results & credence to findings, but increase relevant variable control.

Survey Methods

• Aiming for systematic and comprehensive information collection on people's attitudes, beliefs and behavior.
• Common data collection means: face-to-face, questionnaires, telephone interviews
• The questionnaire/interview schedule is set to ask same questions to each respondent
• Validity of surveys depends on question design.
• Many surveys pose questions in a random sample of a population
• Random sampling enables researchers to generalize results of survey to population from survey.
• Survey studies exceed size of observational research + experimental studies.
• Data usually collected at one time, survey can study trends in opinion/behavior over time.
• Survey has ability to cover large areas/respondents and generalize to population.
• Potential difficulty for survey methods: response rate
• Sample need representativeness to generalize random survey results and is affected when a large number do not participate.
• Subject and other factors affect the response rate like understanding subject, possible death/moved, or possible disability
• U.S. Justice Department uses survey methods to accurately measure crime in the U.S.
• Uses the National Crime Victimization Survey (NCVS) to supplement official crime records and overcome accuracy problems
  • The survey interviews tens of thousands of Americans annually to determine if crimes have occurred.
  • Develop information on crime characteristics + the effects on victims-victim injury, medical care, victim self-protection, and reporting crime.
• NCVS is superior to self-report studies and FBI Uniform Crime Reports.
• Design seeks information rather than waiting for reports.
• NCVS relies on large U.S. population sample, so results can be generalized to the population.
• NCVS is expensive, respondents may overreport/underreport crimes suffered.

The Impact of Sociology on Social Policy

• Science distinguishes pure and applied.
• Pure science searches for knowledge, without concern for its use.
• Applied science searches using scientific knowledge to solve practical problems.
• Sociologists studies of slum neighborhoods are pure, preventing crime is applied.
• Applied research includes investigations of crime/vandalism, delinquency reduction, and neighborhood watch groups.
• Sociology is fundamentally pure and applied.
• Sociological work is for academic purposes + executed with disciplinary concerns.
• Knowledge consumers generated are sociologists/ social scientists.
• Sociologists wish to generate/disseminate knowledge with potential applied/ policy-relevant implications.
• Social science research resolves empirical issues arising in litigation.
• Sociological knowledge and methodology help formulate and instrument social policies.
• Social science knowledge and expertise impact social policy by translating into practical applications.
• Social policy: purposive legal measures by government representatives dealing with social conditions.
• Policy-making: the process to identify alternative courses of action and choosing among them.

Contributions to Sociology to Policy Recommendations

• Sociological prospects, concepts, theories, and research aid policy development
• Sociology has various presidential commission uses - the President's Commission on Law Enforcement and Administration of Justice.
• Social science theories, concepts, and prospects were important to crime control and prevention by the President’s Commission on Law Enforcement and Administration of Justice.
• Sociologists provided sensitizing concepts and theories that oriented the search for solutions of crime problems.
• Studies on the correctional system/law enforcement increased doubts.
• Commissions accepted that alternative social control systems be used in the criminal justice system when possible
• It recommended decriminalizing offenses against moral/public order + "crimes without victims".
• Sociologists provided that specific work on Commission on Causes and Prevention of Violence by sociologists was incorporated into the commission's progress report.
• Specific recommendations by sociologists:
• Violence is essentially social vs. biological/psychological.
• There is a connection between legitimacy of law and effective control of violence notions of responsibility that lie in the unresponsiveness of social institutions.
• The recommendations by other science research was based on the sexual consequences of exposure in explicit materials.
• The commission stated research had no indication in explicit material and causation of harm such crime or deviancy.

Contributions of Sociology to Enacted Policy

• Influence and impact are growing for social science in law, it’s still difficult to measure such
• Impact studies rely on citations used by policymakers for an indication of impacts to research
• A reliance could potentially misrepresent the influence of studies.
• Policymakers use legal precedents over social sciences in training and therefore the extent of the effect is controversial to some levels.
• A widely cited illustration of this impact is the social science contribution to the 1954 Supreme Court decision outlawing segregation in public schools
• Other instances of influence:
• Sociological studies helped change court procedure
• Changed procedure in selecting judges and indigent defendants.
• Other examples include involving sociologists in programs to combat juvenile delinquency lowering rates, reducing dropout rates and to prevent narcotics.
• Talent Search, and VISTA ameliorate social conditions.
• Social-policy is used to confront with issues that have an impact on a large scale.
• Federal Civil Rights act authorized a survey due to equal opportunities in education lack.
• A social team lead conducted schools of thousands of members. Busing was a policy outcome of the study, which created conflict.

Evaluation Research and Impact Studies

• The evaluation of enacted policy is as old as policy itself that gives benefit and affect to laws.
• Self-Interest or subjective viewpoints come to these judgements.
• Evaluator conflict is to be expected as criteria changes with views.
• Evaluation has centered on running programs like camp, police programs or reformation.
• The Questions may include program financial and who benefits from the service or payments. Over all the studies questions may be about procedures and were legal measures followed.
• Policy evaluation has gotten increase of intentioned policy makers because it allows them to measure the impact they intend.
• Subvert direct social change is where to use the rigid evaluation and low cost experiments.
• Some Sociologists believe using is a proper approach with policy related work.
• But there are no formal differences in evaluations in research.
• The different lies as for following:

Dimensions of Policy Impact

• Evaluation research use deliver intervention to indepent variables is use in social.
• The degree to the desired goal which is expected. The program that use evaluation has assume with set goals.
• Evaluative research asks to change the means to recognize it.
• Carol Weiss proposed several new criteria in research of other the types of research evaluation:
• How a client uses the data for any making.
• Questions if the plan can be met as need for client.
• If program goals are being attended.
• Priority is based on which of program in is evaluation is in work.
• There often possibility of conflicts between the objectives and the researcher with staff.
• In an evaluation studies there emphasis on outcome that is helpful.
• Policy evaluation need real life conditions.
• Policy impact has dimensions that must be accounted such Dye has suggested
• Impact on any people and a social problem.
• Also who can be affected has the policy intended.
• Income rise is an of an example has what is needed.
• It’s a complication when combing multiple variables.
• The purposes of laws is difficult sometimes as notes by Macarly some times it is many purposes that overlap with those the legislative.
• A law may or nay not have outcomes unintended or intende
• It may come down to some families well and or low income which in returns can create a stable society from poverty programs.

Measuring Laws Impact

• Measurement difficulties exist where conduct is hard to quantify.
• It's hard to tell what the behavior would have been without the law
• The laws against murder illustrate this limitation with a little bit of idea about rate of murder with little information about law implementation
• The affect is determined by which is familiar but how the new low is introduced.
• Some research is not always known to members how have is its implementation.
• Is to affect any current situation short term or is to go over a larger period.
• Is to go over children with to support for the long term affect
• The economics of program the law has developed over time.
• Some of laws can be effective using money but some take a toll without it.
• Standards by which have been effective hard when it come the cost of urban renewal projects.
• Many contribute to the social stability for the retirement income of recipients which problem is there as it would be again
• Aside from measuring, some laws are hard to read due its effects on people in society since some effects intangible like value of graduated income tax
• These impacts and limitations need to be considered when measuring impact of law.
• A group that is exposed to program is used has cause effect and it can be referred shot study once or more per group .
• There can also experiment but also the amount of control it has on impact.
• Laws are a a bit difficult since a lot of can affect what behavior with random problems with remedies.
• The ultimate product of research is what affects ways we doing things and it is modified by evidence.
• Sociological can be very relevant to social laws with policy
• Both types can creative roles with social effect and policy is to define those laws
• Its up to choices to be made with policy to and political view point since it is to easy influence the laws