D4-b: Forms of writing

D4-bRecognize the forms of writing in criminal justice and criminology.

When you take courses in criminal justice and criminology, you may be asked to write in a variety of forms for diverse audiences and purposes. These forms include the following:

Research papers

A research paper in a criminal justice course requires you to identify an issue or a topic and then to research or explore the data that have been compiled about the topic (called secondary sources). You might also be expected to use primary sources—interviews or surveys that you conduct. In most cases, you’ll be expected to find your own angle on the topic and to make an argument about it. You might also be required to apply a theory you’ve studied to your research findings. In a policing course, you might investigate whether police officers from different racial and ethnic backgrounds make decisions differently. To obtain information, you might conduct interviews and read published studies. In a social inequality and justice class, you might investigate whether the focus of racial profiling shifted from African Americans to Muslims after September 11, 2001, and what scholars are saying about possible trends. In a course on corrections, you might examine the punitive practice of solitary confinement and consider what this prison practice indicates about US law and society.

Analytical papers

Often you’ll be given assignments that ask you to apply the theories you’ve studied to a situation, a legal case, or a personal account written by someone in the criminal justice system. For assignments like these, you will generally be expected to describe the theory and its main components and to use the theory to explain specific situations and people’s behaviors and life choices. For example, you might be asked to analyze how discretionary theory applies to street-level policing or to critique a theory by comparing it with other theories that attempt to explain the same behaviors and choices. Sometimes analytical papers conclude with program or policy recommendations based on the usefulness or persuasiveness of the theory.

Argument or position papers

In argument or position papers, you are expected to present both sides of an issue in a balanced way and then to take a position. Your position will be based on your analysis of the course readings and lectures or on research you’ve conducted, not on your personal opinion. You might also be asked to compare or contrast relevant theories and cases to support your position. For example, an assignment might ask you to argue for more or less discretionary power for street-level policing, using as evidence cases in which that power has been used or abused. Or, after investigating trends in racial profiling, you might take a position supporting or opposing changes in the current policies. Or you might argue that the practice of long-term solitary confinement is or is not justified as a crime control approach in US penal policy.

Investigative and administrative reports

Law enforcement professionals and criminologists write both investigative and administrative reports. Some common investigative reports are crime and arrest reports, incident and accident reports, and presentencing reports. A typical crime or arrest report includes a clear timeline of events, for both the crime and the investigation, such as when the defendant was taken into custody, read his or her Miranda rights, and interviewed. The report should also include other details about the criminal investigation—for example, where the interview with the defendant took place, who else was present, and whether any other witnesses were interviewed. Administrative reports typically include a description of a problem, supported by research and statistical data, and recommendations based on an analysis of the data. A consultant’s administrative report to a new police chief, for example, may include a briefing about the demographics and crime problems in the local area, an analysis of official crime statistics using the FBI’s Uniform Crime Reports, a summary of the findings, and recommendations based on the findings.

Both investigative and administrative reports may be formatted as memos and written to specific audiences who need the information to make decisions, formulate policy, and implement recommendations. In all cases, accuracy, completeness, and objectivity are key to an effective report.

Policy memos

Policy memos are written for many purposes—to inform, to explain, to document, to persuade, or to make a request. The format and style will vary from organization to organization, so you must be aware of the audience’s expectations and the conventions set by the organization you’re writing for. Typically, the purpose of a policy memo is to help the audience understand the issue and interpret the policy to make practical judgments. You might be asked to write a policy memo to the head of a criminal justice organization, such as the Transportation Security Administration, about the effects of racial profiling on a particular group. Your memo might include a description of the policies being used to address the problem; an argument, based on research, for changing the policies; and recommendations for policies or programs that would benefit the group about which you’re concerned.

Case briefs and legal briefs

A brief is a document presented to interested members of a court of law. Briefs are addressed to a specific audience and typically include a short description of a legal case, highlighting key issues, relevant facts, and, if applicable, a history of related court decisions; an analysis and interpretation of how the case applies to a particular organization; and the legal principles and jurisdictional issues related to the desired outcome. For a case brief assignment, you might be asked to write to a public defender or a future judge on how to interpret issues involved in a specific case. A legal brief assignment might ask you to analyze documents submitted for a moot court exercise and to argue for one side.

Your instructor may ask you to follow the IRAC model when you write case and legal briefs. IRAC is an organizational approach used in legal writing as a method for problem solving and structuring an analysis. The acronym IRAC stands for the following steps:

Issue: State the legal issue of relevance.

Rules: List all the statutes and case law relevant to your brief.

Analysis or Application: Provide arguments in favor of and against the decision in this case.

Conclusion: Provide an answer to the legal issue raised.

Another organizational approach is based on the acronym PEAR:

Position: State a position.

Explanation: Explain the position.

Alternatives: Examine the alternative positions.

Response: Respond to potential objections.

note: The explanations of the IRAC and PEAR models are adapted from the Criminology, Law, and Society Writing Guide from George Mason University at http://wac.gmu.edu/supporting/guides/CLS/.

Case plans (or case notes)

Case plans, or case notes, may be written as memos or as part of presentencing and postsentencing reports. They might be addressed to courtroom work groups, such as public defenders, prosecutors, judges, and probation officers. Case notes may be addressed to social workers and treatment providers in problem-solving courts such as drug and mental health courts. As the number of work groups expands, audience analysis becomes more complicated because each group may have different goals for its clients and constituencies. For example, a social worker might be interested in resources and treatment; lawyers, in justice; and judges, in the legal aspects of the case. Given the complexity of this writing task, there is no template to guide you. You will typically learn on the job or from models your instructor provides. In general, case notes and plans must be straightforward, clear, and well organized, with the goals and purpose carefully laid out in the introduction along with a preview of the main topics that you will cover. Be sure to include subheadings so that the various audiences can skim through the notes to identify information related to their concerns.