Criminalization of scientific misconduct

Abstract

This paper discusses the criminalization of scientific misconduct, as discussed and defended in the bioethics literature. In doing so it argues against the claim that fabrication, falsification and plagiarism (FFP) together identify the most serious forms of misconduct, which hence ought to be criminalized, whereas other forms of misconduct should not. Drawing the line strictly at FFP is problematic both in terms of what is included and what is excluded. It is also argued that the criminalization of scientific misconduct, despite its anticipated benefits, is at risk of giving the false impression that dubious practices falling outside the legal regulation "do not count". Some doubts are also raised concerning whether criminalization of the most serious forms of misconduct will lower the burdens for universities or successfully increase research integrity. Rather, with or without criminalization, other measures must be taken and are probably more important in order to foster a more healthy research environment.

Ética en la publicación científica biomédica. Revisión de las publicaciones retractadas en España

“…Aunque estas conclusiones divergen de otros estudios que indican que el error honesto o admitido es más común que el fraude como causa de retractación (Fanelli, 2013 . Asimismo, desde el campo de la Bioética, algunos autores rechazan la idea de criminalizar exclusivamente la mala conducta asociada con el FFP (Bülow;Helgensson, 2018;Pickett;Roche, 2018), siendo un error restringir o centrarse exclusivamente en la gravedad de esos hechos y afrontar el resto de una manera mucho más trivial.…”

The current phase of social sciences research: A thematic overview of the literature

“…In its various forms, misconduct undermines the integrity, confidence, and trustworthiness of research enterprise both within the scientific community and the public. Therefore, the educational and societal damage associated with specific research misconduct such as falsification, fabrication, and plagiarism is seen so grievous that it is hotly debated if it should be criminalized (Bülow & Helgesson, 2019;Dal-Ré et al, 2020). Criminalization implies the decision to make some research misconducts criminal offense that would merit criminal punishment, including fines, community service, or even imprisonment.…”

Should research misconduct be criminalized?

“…Fabrication, falsification, or plagiarism could be firm candidates to be considered as fraud. But assuming that all FFP is serious misconduct and all non-FFP not is far from obvious (Bülow and Helgesson, 2019). Falsification and fabrication are broad categories.…”

“…Criminalization of research misconduct could improve research integrity by deterrence. However, once research misconduct is considered fraud, a new problem may arise: all other research misbehaviors-commonly named as "questionable research practices"-that fall outside the legal scope could be regarded as less relevant, they will "not count" (Bülow and Helgesson, 2019). This would seriously impact research integrity practice since, as has been shown, there are many different misbehaviors that research institutions should tackle.…”