law slideshow

Research Methodology

Kyle Olmstead

Grantham University

Abstract

Throughout this paper there will be discussion of a research question (research methodology) that was chose. There will also be an extensive discussion of the research methodology that is intended for the study your topic chosen.

Research Methodology

Research Design

The scope of the study will seek to compare the idea of US criminal law system as adversarial to other descriptions of how a courtroom works. The survey design will be conducted along the following systems approach examining benefits and drawbacks of adversarial system compared to the inquisitorial system.The research design entailed identifying countries that best illustrate the use of the adversarial system and two others that apply the inquisitorial system. The criteria for selecting the countries will depend on those criminal law systems that best illustrate the characteristics and spirit of the two forms of systems.

At the level of each country’s criminal justice systems, two types of data was collected; primary and secondary data to analyze other descriptions of how a courtroom works from the US. Primary data relied on the database and reports in selected country’s justice department. Data was also collected from various institutions dealing with legal issues internationally. Official government sources and publications will also be used to provide information and data on various adversarial system aspects. The issues surrounding benefits and drawbacks of the adversarial system compared to the inquisitorial system were determined by holding discussion with legal experts at the state and federal courts. Primary data was also collected first hand from legal authorities and historical experts through interviews and questionnaires.

Target Population

Participants of this research mainly consisted of law professors, state and federal criminal law authorities, academic experts within the field of criminal law justice in America and Internationally. Other resource persons from international law bodies will also be interviewed.

Sample Size and Sampling Procedure

A careful selection of subjects was done in order to achieve the stated objective which draws linkages adversarial system compared to the inquisitorial system. A survey of six countries was carried out using a purposive sampling technique. The questionnaire was piloted locally prior to data collection. This was necessary in order to identify any ambiguous and unclear questions to the respondents (Watkins & Burton, 2013).  The questionnaires were then submitted to the participating responded after being selected after the pilot test in order to get the data and information required.

In recruiting a sample, ‘N’ was drawn from a random sample of 30, five from each study site. The sampling frame was defined by the existing criminal justice systems which the sample was drawn from and to which the sample data was ultimately generalized from (Watkins & Burton, 2013).  Non-probability sampling method was also used for other legal experts in and around sample sites who were willing participants in the research. This formed the basis of selecting subjects to be interviewed.

Data Collection Methods

In gathering primary data from legal authorities, questionnaires were prepared. Observation method and recordings will used to understand how the court proceedings occur in America and in other countries via video. In acquiring information from law experts, coffee farmers and local authorities interview guides were developed .Oral administration of interviews was conducted on other criminal justice professionals experts who were open to the study. According to Bryman (2012), semi-structured interview is the most appropriate data collection method to achieve data validity and reliability in the target population frame. Secondary data was collected from books, past research studies, law records, documentation centers and criminal law journals.

Data Analysis Methods

Data was tested for significance to get the differences among US criminal law system as adversarial and other descriptions of how a courtroom works. The statistical analysis software used was SPSS. Daily interpretive analysis was conducted for interviews to amass and interpret the data that was collected at the end of each day. The format of the report consisted of record, analysis, and conclusions /concerns. The reports were valuable learning tools as they provided insights on the research objectives (Bryman, 2012). The validity of the survey design and data were compared for consistency with the generalizations observed.

Limitations/complications of Study

The main limitation of the study is that data collection from other selected countries might be challenging given the geographical barrier. Questionnaires will be collected via the internet and complimented with document review of the same. Validation of results from those countries will also be limiting. In order to address this, the finding will be subjected to judgment and opinion of law experts in the criminal justice field.

Reference

Bryman, A. (2012). Social research methods. Oxford university press.

Watkins, D., & Burton, M. (Eds.). (2013). Research Methods in Law. Routledge.