Constructing a framework for criminal justice research: Learning from Packer's mistakes

Abstract

This article examines the framework which Herbert Packer devised for analyzing the criminal justice process. Warning against an indiscriminate use of the word "model" - something which Packer introduced, which critics of his work have perpetuated, and which today is commonplace in criminal justice research-it distinguishes three distinct tools which researchers might employ-strong ideal types, weak ideal types and non-ideal types-and underscores the importance of drawing a sharp distinction between empirical work and evaluative work. Exposing other fundamental flaws in Packer's framework, the article also abstracts two other general lessons for criminal justice research: (1) arguing that a one-dimensional framework like Packer's is insufficient, it advances the normative claim that a multidimensional framework is needed; and (2) it shows that Packer's simplistic approach to the analysis of values is ultimately inadequate. So as well as constructing a number of tools which may be used by criminal justice researchers, and offering examples of how they might be employed, the article establishes the general contours of a framework for criminal justice research. © 2008 by the Regents of the University of California. All rights reserved.