2175-4293-1-SM
2175-4293-1-SM
2175-4293-1-SM
Abstract
This paper underscores the necessity of Interview as a vital method of data collection in legal research.
The paper utilizes relevant statutes, treaties, textbooks, judicial precedents/case law. The paper is
indispensable due to the scarcity of materials in the subject matter coupled with the attendant challenges
faced by legal researchers using interview as a mode of data collection in legal research. There is
compelling need to simplify and proffer solutions to those problems to ease research work. This paper
lucidly examines nature of ethical consideration in legal research, importance of data collection, types of
data collection in legal research, types of interview, characteristics, merits, demerits of interview, the
practice of interview, and method of data collection in legal research. The findings of this paper are
Interviews may be either structured or unstructured. Questionnaires will only be utilized where a certain
amount is already known about the topic being studied. The depth interview enables the researcher to
tackle sensitive embarrassing topics with the individual. Depth interviews are also useful when the decisions
under study are complex. The paper concluded that Interview bias is mostly due to a lack of objectivity
and or failure to administer questions properly. Focus group interviews entails small groups of persons
who are encouraged to treat a topic and are restrained from straying from that topic by a moderator. It was
recommended that Legal researchers should be more proactive in carrying out their research work, the
universities, research institutions should vigorously teach law students and future researchers how to carry
out their research work, interview as a means of data collection should be encouraged in the legal
profession, law researchers should compulsorily frame their questionnaires in a manner, that they are
relevant to the essence of the study.
1. Introduction
Research is defined as a systematic search for facts or scientific investigation of principles and facts of any
subject, based on original and first-hand study of authorities or experiment.1 It involves searching into a
matter closely and carefully. It is an inquiry directed at the discovery of truth.2 An interview is an answer to
know and ascertain how to fit a man to the required job. An interview is beneficial to both the candidate and
the organization, for it helps them to grow. This paper seeks to discuss the importance and ethical
considerations of interview as a means of collecting data in legal research. This paper is handled in the
following sequence: introduction, definition of interview, ethical consideration, data collection and legal
research, nature of ethical consideration in legal research, importance of data collection in legal research,
importance of ethical consideration in legal research, objectives of ethical consideration in legal research
,types of data collection in legal research, objectives of interview ,ethical consideration of interview as a
measurement during collection of data. Other aspects of this paper includes characteristics of interview in
legal research, types of interview, merits and demerits of interview in legal research, practice of
interviewing, types of ethical consideration in legal research/ethical issues in research ,method of data
collection in legal research and conclusion.
2. Conceptual Clarifications
Interview
An interview is an answer to know and ascertain how to fit a man to the required job. An interview is
beneficial to both the candidate and the organization, for it helps them to grow. An interview definition can
be crafted as a gentle conversation between two people or more where questions are asked to a person to get
the required responses or answers. According to Young, an interview is a scientific method through which a
person enters into the life of a stranger. Good & Hatt: Interview a close face to face conversation or a dialogue
between the investigator or interviewer and interviewee. It is a process of social interaction between
interviewer and interviewee. For Kerlinger, it is a face to face interpersonal situation in which one asks
* By Alfred ABHULIMHEN-IYOHA, LLB (Hons), BL, LLM, PhD (Law), PhD (Strategic Studies), MPA, PGDE,
TRCN Education, Diploma (Christian Theology). Email:[email protected]. Phone: +2348055968440
1 Worthley, B.A., ‘Some Reflections on Legal Research after Thirty Years’ Silver Jubilee of the Indian Law Institute
questions from the other to get answer about a social problem.3 Usually two groups or two individuals sit
facing each other in an interview. The person asking questions is the interviewer and the person answering
the questions is the interviewee. An interview is a conversation for gathering information. A research
interview involves an interviewer, who coordinates the process of the conversation and asks questions, and
an interviewee, who responds to those questions. Interviews can be conducted face-to-face or over the
telephone. The internet is also emerging as a tool for interviewing.4
Interviews consist of collecting data by asking question. It is a research method that involves the researcher
asking questions and hopefully receiving answers from the respondents.5 It is an interaction in which oral
questions are posed by the interviewer to elicit response from the interviewee. Interview is not just asking
and answering questions, it is beyond the oral aspect which the interviewer may observe the interviewee
behaviour, personality, opinion, way of thinking and beliefs. This type of research method can elicit truth by
observing the interviewee expression with the question he is being asked. The purpose of research interview
is to explore the views, experience, beliefs of the individual participant on the information chosen. Interviews
are also appropriate for exploring sensitive topics, where participant may not want to talk about sensitive
issues especially where detailed insights are required.6
Ethical Considerations
When it comes to dealing with human participants, research projects should rigorously follow ethical
considerations. According to Cohen,7 as interviews are considered an intrusion into respondents' private lives
with regard to time allotted and level of sensitivity of questions asked; a high standard of ethical
considerations should be maintained. Therefore, ethical issues should be considered at all stages of the
interview process. That is, participants should provide their informed consent before participating in the
interview: a key step that researchers should adhere to throughout the whole research project. However, an
ethical challenge to researchers would be the openness and intimacy of the interview situation as it may lead
respondents to disclose information that they may later regret, and there is a risk that the interaction may
become a quasi-therapeutic relationship for which most researchers might not have been trained. Therefore,
to protect the participants' rights and to avoid causing them any harm, researchers should assure that the
collected data will be strictly confidential and anonymous. More importantly, however, participants should
be told that their participation in the interview is entirely voluntary, and that they can withdraw at any time.
With regard to my future research, appropriate consent forms will be designed; translated into Arabic (if
needed); and distributed among the participants to sign. Furthermore, a brief explanation of my study's nature
and the participants' rights will, concurrently, be distributed.8
Ethical Considerations can be specified as one of the most important parts of the research. Dissertations may
even be doomed to failure if this part is missing. i. Research participants should not be subjected to harm in
any ways whatsoever, ii. Respect for the dignity of research participants should be prioritized, iii. Full
consent should be obtained from the participants prior to the study, iv. The protection of the privacy of
research participants has to be ensured, v. Adequate level of confidentiality of the research data should be
ensured, vi. Anonymity of individuals and organisations participating in the research has to be ensured, vii.
Any deception or exaggeration about the aims and objectives of the research must be avoided, viii.
Affiliations in any forms, sources of funding, as well as any possible conflicts of interests have to be
declared,ix. Any type of communication in relation to the research should be done with honesty and
transparency. Any type of misleading information, as well as representation of primary data findings in a
biased way must be avoided. 9
Legal Research
Legal research is a systematic search for information on a specific field or area of law.10 Research instruments
are the tools for data collection. There are two main methods of doing this which are; i. Survey Methods ii.
3 Study Lecture Notes, What is Interview method, Definition & objectives., available at http://studylecturenotes.com/what-is-
interview-method-definition-objectives/
4Easwaramoorthy, M & Fataneh Zarinpoush, Interviewing for Reasearch, Canada Volunteerism Initiative available at
https://www.coursehero.com/file/52484428/tipsheet6-interviewing-for-research-en-0pdf/
5 Khushal R., and Filipos A., ‘Legal Research Methods Teaching Materials’, prepared under the Sponsorship of the Justice
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International Journal of Law and Clinical Legal Education (IJOLACLE) 1 (2020)
Non-Survey Methods. The survey method is one which entails direct contact between the researcher and the
subject, during which the researcher asks questions which are answered by the subject. The non-survey
method on the other hand is one in which data is collected about subject without necessarily asking them
questions and without necessarily involving any direct contact between the researcher and the subject. Our
focus in this paper is on the survey method of data collection. It is notable however that non-survey data
collection method includes; Experiments, Observation, Case studies, and Document Studies.11 The survey
method of data collection is achieved through the administration of two main types of instruments, namely;
the questionnaire and the Interview Schedule. Our main focus here is to examine the use of interviews and
questionnaire as research instruments. Obviously, these two tools fall within the category of non-doctrinal
research also known as empirical research as both instruments involve the collection of fact and data from
the target audience. It is intended to treat the two instruments separately here, and then compare the two
subsequently.12
11 Soyombo, Omololu, ‘Selection of Research Instruments, Questionnaire, Design and Administration’ In Readings in Law
and Research Methodology, I.A.Ayua and D.A. Guobadia (eds.) Lagos, Nigeria: Nigerian Institute of Advanced Legal Studies.
2001. 103.
12 Micheal S Afolayan & Omolade A Oniyinde (Phd), Interviews and Questionnaires as Legal Research Instruments, Journal
http://www.apa.org/monitor/jan03/principles.aspx
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ABHULIMHEN-IYOHA: The Importance of Interview for Data Collection in Legal Research
from your research. This also means that you need to disclose any personal or financial interests that may
affect your research.
Carefulness: Take care in carrying out your research to avoid careless mistakes. You should also review
your work carefully and critically to ensure that your results are credible. It is also important to keep full
records of your research. If you are asked to act as a peer reviewer, you should take the time to do the job
effectively and fully.
Openness: You should always be prepared to share your data and results, along with any new tools that you
have developed, when you publish your findings, as this helps to further knowledge and advance science.
You should also be open to criticism and new ideas.
Respect for Intellectual Property: You should never plagiarize, or copy, other people’s work and try to pass
it off as your own. You should always ask for permission before using other people’s tools or methods,
unpublished data or results. Not doing so is plagiarism. Obviously, you need to respect copyrights and
patents, together with other forms of intellectual property, and always acknowledge contributions to your
research. If in doubt, acknowledge, to avoid any risk of plagiarism.
Confidentiality: You should respect anything that has been provided in confidence. You should also follow
guidelines on protection of sensitive information such as patient records.
Responsible Publication: You should publish to advance to state of research and knowledge, and not just to
advance your career. This means, in essence, that you should not publish anything that is not new, or that
duplicates someone else’s work.
Legality: You should always be aware of laws and regulations that govern your work, and be sure that you
conform to them.
Animal Care: If you are using animals in your research, you should always be sure that your experiments
are both necessary and well-designed. You should also show respect for the animals you are using, and make
sure that they are properly cared for.
Human Subjects Protection: If your research involves people, you should make sure that you reduce any
possible harm to the minimum, and maximise the benefits both to participants and other people. This means,
for example, that you should not expose people to more tests than are strictly necessary to fulfil your research
aims. You should always respect human rights, including the right to privacy and autonomy. You may need
to take particular care with vulnerable groups, which include, but are not limited to children, older people,
and those with learning difficulties.14
Qualitative Data: Qualitative data are mostly non-numerical and usually descriptive or nominal in nature.
This means the data collected are in the form of words and sentences. Often (not always), such data captures
feelings, emotions, or subjective perceptions of something. Qualitative approaches aim to address the ‘how’
and ‘why’ of a program and tend to use unstructured methods of data collection to fully explore the topic.
Qualitative questions are open-ended. Qualitative methods include focus groups, group discussions and
interviews. Qualitative approaches are good for further exploring the effects and unintended consequences
of a program. They are, however, expensive and time consuming to implement. Additionally the findings
cannot be generalized to participants outside of the program and are only indicative of the group involved.
Qualitative data collection methods play an important role in impact evaluation by providing information
useful to understand the processes behind observed results and assess changes in people’s perceptions of
their well-being. Furthermore qualitative methods can be used to improve the quality of survey-based
quantitative evaluations by helping generate evaluation hypothesis; strengthening the design of survey
questionnaires and expanding or clarifying quantitative evaluation findings. These methods are characterized
by the following attributes –
i. They tend to be open-ended and have less structured protocols (i.e., researchers may change the data
collection strategy by adding, refining, or dropping techniques or informants);
ii. They rely more heavily on interactive interviews; respondents may be interviewed several times to
follow up on a particular issue, clarify concepts or check the reliability of data;
iii. They use triangulation to increase the credibility of their findings (i.e., researchers rely on multiple
data collection methods to check the authenticity of their results);
iv. Generally, their findings are not generalizable to any specific population; rather each case study
produces a single piece of evidence that can be used to seek general patterns among different studies
14
Resnick, D. B, What is Ethics in Research and Why is it Important? List adapted from Shamoo A and Resnik D., Responsible
Conduct of Research, 3rd ed. (New York: Oxford University Press, 2015).
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International Journal of Law and Clinical Legal Education (IJOLACLE) 1 (2020)
of the same issue.15 Regardless of the kinds of data involved, data collection in a qualitative study
takes a great deal of time. The researcher needs to record any potentially useful data thoroughly,
accurately, and systematically, using field notes, sketches, audiotapes, photographs and other suitable
means. The data collection methods must observe the ethical principles of research. The qualitative
methods most commonly used in evaluation can be classified in three broad categories – a)In-depth
interview; b) Observation methods; c) Document review.
Quantitative Data: Quantitative data is numerical in nature and can be mathematically computed.
Quantitative data measure uses different scales, which can be classified as nominal scale, ordinal scale,
interval scale and ratio scale. Often (not always), such data includes measurements of something.
Quantitative approaches address the ‘what’ of the program. They use a systematic standardized approach
and employ methods such as surveys and ask questions. Quantitative approaches have the advantage that
they are cheaper to implement, are standardized so comparisons can be easily made and the size of the effect
can usually be measured. Quantitative approaches however are limited in their capacity for the investigation
and explanation of similarities and unexpected differences. It is important to note that for peer-based
programs quantitative data collection approaches often prove to be difficult to implement for agencies as
lack of necessary resources to ensure rigorous implementation of surveys and frequently experienced low
participation and loss to follow up rates are commonly experienced factors. The Quantitative data collection
methods rely on random sampling and structured data collection instruments that fit diverse experiences into
predetermined response categories. They produce results that are easy to summarize, compare, and
generalize. If the intent is to generalize from the research participants to a larger population, the researcher
will employ probability sampling to select participants. Typical quantitative data gathering strategies
include–
i) Experiments/clinical trials;
ii) Observing and recording well-defined events (e.g., counting the number of patients waiting in
emergency at specified times of the day);
iii) Obtaining relevant data from management information systems;
iv Administering surveys with closed-ended questions (e.g., face-to face and telephone interviews,
questionnaires etc);
v) In quantitative research (survey research), interviews are more structured than in Qualitative research.
In a structured interview, the researcher asks a standard set of questions and nothing more. Face -to -
face interviews have a distinct advantage of enabling the researcher to establish rapport with potential
participants and therefore gain their cooperation;
vi) Paper-pencil-questionnaires can be sent to a large number of people and saves the researcher time and
money. People are more truthful while responding to the questionnaires regarding controversial issues
in particular due to the fact that their responses are anonymous.16
7. Objectives of Interview
The objectives of interviews include:
i). It helps to verify the information provided by the candidate. It helps to ascertain the accuracy of the
provided facts and information about the candidate.
ii) What the candidate has written in the resume are the main points. What other additional skill set does
he have? All these are known by conducting interviews.
iii) It not only gives the interviewer information about the candidate’s technical knowledge but also gives
an insight into his much needed creative and analytical skills.
iv) Helps in establishing the mutual relation between the employee and the company,
v) It is useful for the candidate so that he comes to know about his profession, the type of work that is
expected from him and he gets to know about the company.
vi) An interview is beneficial for the interviewer and the interviewee as individuals, because both of them
gain experience, both professionally and personally.
vii) It helps the candidate assess his skills and know where he lacks and the places where he needs
improvement.
viii) The interview also helps the company build its credentials and image among the employment seeking
candidates.
ix) Collect information’s about an existing social problem
x) Create relation between interviewer and interviewee
15Kabir,S. M. S., Basic Guidelines for Research: An Introductory Approach for All Disciplines. Book Zone Publication, ISBN:
978-984-33-9565-8, (Chittagong-4203, Bangladesh, 2016). https://www.researchgate.net/publication/325846997
16 ibid
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ABHULIMHEN-IYOHA: The Importance of Interview for Data Collection in Legal Research
Privacy and confidentiality: Interviews can delve into areas unanticipated at the outset. Furthermore, there
is a danger of voyeurism and the temptation to focus on the most sensational elements of a study.17 There is
a particular issue with ‘dyadic’ inquiry, as in the case of using interviews to study issues between careers
and those they care for and of using interviews to study family relationships Here privacy is threatened when
the interviewer probes into areas that at least one interviewee would prefer to keep private. Confidentiality
is threatened when the interviews reveal details between the pair that were previously secret. Confidentiality
is the most common threat identified in this writing up. Whilst individuals may not be identifiable to the
general public, they may well be identifiable to, say, the peers also involved in the study. Some papers
discuss instances when a researcher ought to breach confidentiality in the public interest. Others consider
the related issue of researchers‟ legal or professional duties when protecting confidentiality where a crime
is reported or witnessed.18
Informed consent: Informed consent is extensively examined. The issues of privacy and confidentiality are
identified as reasons for its particular importance in interview research. Whilst it is desirable for the
participant to know the privacy and confidentiality ‘rules’ before agreeing to the interview, the privacy issue
suggests that this cannot be entirely assured. Therefore, some authors recommend a model of continuous or
process consent, where the researcher Ethics reaffirms consent throughout the research process. In an
interview this requires judgment: ‘Is it alright if we talk a little more about that?’ This model of consent has
been discussed in other contexts and is not without problems. For example, there is a danger of participants
being drawn into the research on partial information and then feeling obliged to continue. The process model
of consent is used in at least one case. Some papers identify the difficulty of obtaining informed consent
where the interviewees are from vulnerable groups.19
Harm: Many interviews concern issues that are sensitive; this can make interviews emotionally intense.
They might potentially harm both interviewees and interviewers. Bereavement research is a particular
example. A more prosaic (but important) potential harm is to physical safety, particularly in some contexts
such as interviewing homeless youths or research into domestic violence. Many researchers set potential
harm against possible therapeutic benefit they have either noted or systematically investigated. However,
other studies raise doubts about this therapeutic benefit. Sinding and Aronson point to the danger of exposing
interviewees self-perceived failures in, for example, providing end-of-life care.20 Their discussion brings out
two important issues. One is the desire of interviewers to minimize hurt through, what they term ‘consoling
refrains’. The other issue is more political: as feminists, the researchers say they have a desire to ‘unsettle
the accommodations’ women have to make in their lives; they want their research to expose problems and
be part of the movement to change society. The issue of ‘consoling refrains’ is discussed by a number of
researchers. There may be tension here: if interviews have the potential to harm or be therapeutic, and if
researchers generally desire that they are the latter, then researchers may be tempted to switch from research
to therapy when conducting interviews.21
Dual role and over-involvement: Just as interviews may have a dual end of information and therapy, so the
researcher may take on a dual role as scientist and therapist. At its simplest, the researcher wants to protect
the participant from harm. She may, therefore, try to bolster his self-esteem or put a positive interpretation
17 Brinkmann S, & Kvale S. Confronting the Ethics of Qualitative Research. Journal of Constructivist Psychology;18(2),
(2005), 157-81
18 Cashmore J. Ethical Issues Concerning Consent in Obtaining Children's Reports on their Experience of Violence. Child
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International Journal of Law and Clinical Legal Education (IJOLACLE) 1 (2020)
on described events. More ambiguously, the researcher wants to obtain good quality material. In doing this
she may use the techniques of counseling in order to draw out the participant. Finally, the researcher may
have another role, such as social worker or nurse. She may find herself drawn into that role and away from
that of researcher during an in-depth interview. Aside from this, the researcher may simply find herself over-
involved with the participant, although the researcher who reports having sex with a participant must surely
be an extreme case. By contrast, Tillmann-Healy’s discussion suggests that at least some degree of
involvement, she says friendship, is desirable, perhaps necessary, in this type of research. Tillmann-Healy
goes on to ask, though, how can one develop such a relationship with a participant whom one dislikes or
even one who seems morally reprehensible example of a murderer.
Politics and power: At the outset, the participant may feel obliged to take part in the interview because of
the relationship he has with the interviewer. For example, during the interview, the interviewer has some
power over the direction of conversation. The participant may be drawn to discuss issues he would rather
have kept silent about. Furthermore, he may be misled by the apparent counselling methods of the
interviewer; as such, he may, for example, feel disappointed by the lack of therapeutic intent revealed later.
In the later stages of the research process, the interviewer usually has control of which quotes are used, how
they are used and how they are interpreted. Participants can feel misrepresented perhaps especially where
interpreters are used. Comments on the politics of interviews are sparser, although it is an issue identified by
feminists who often refer to Oakley’s work as a precursor. In following Oakley, the feminist researcher
would seek to be on the woman’s side in the interview; this position would contrast with someone who
viewed the interviewer’s role as neutral and related to data collection only
The Fully-Structured Interview: This is sometimes called a standardised interview. This is an interview made
with a detailed standardized schedule. The same questions are put to all respondents and in the same order.
The standardisation of the question enhances comparison between respondent’s answers and the questions
are usually very specific and often the interviewee has a fixed range of answers.25 The fully-structured
interview is similar to questionnaire method. The difference between the two is that in structured interview,
the questions are asked verbally.
22Silverman D., ‘Doing Qualitative Research’, London: Sage Publications, 2000, Pg. 15.
23Kvale S., ‘Interviews’ Thousand Oaks: Sage Publications 1996, 7.
24Khushal R., and Filipos A., ‘Legal Research Methods Teaching Materials’, prepared under the Sponsorship of the Justice
Sample
If you were to consider the level of your education would you say you are happy or unhappy with yourself?
Very happy
Fairly happy
Not very happy
Not at all happy
Can’t choose
Structured interviews are defined as research tools that are extremely rigid in their operations are allows very
little or no scope of prompting the participants to obtain and analyze results. It is thus also known as a
standardized interview and is significantly quantitative in its approach. Questions in this interview are pre-
decided according to the required detail of information. Structured interviews are excessively used in survey
research with the intention of maintaining uniformity throughout all the interview sessions. They can be
closed-ended as well as open-ended – according to the type of target population. Closed-ended questions can
be included to understand user preferences from a collection of answer options whereas open-ended can be
included to gain details about a particular section in the interview.
The Semi-unstructured Interview: This type of interview has predetermined questions but the questions
wording can be modified subject to the discretion of the interviewer, especially where the questions seem to
be inappropriate with a particular interviewee. Ability to change the wordings makes it flexible and this gives
some control over the interview to the interviewee. It also allows the interviewer to probe the interviewee26
since the subject area are predetermined and known to the interviewer, it enables him to ask relevant question
to elicit adequate information necessary on the subject area. This type of interview is often used in radio and
television interviews. Semi-structured interviews offer a considerable amount of leeway to the researcher to
probe the respondents along with maintaining basic interview structure. Even if it is a guided conversation
between researchers and interviewees – an appreciable flexibility is offered to the researchers. A researcher
can be assured that multiple interview rounds will not be required in the presence of structure in this type of
research interview. Keeping the structure in mind, the researcher can follow any idea or take creative
advantage of the entire interview. Additional respondent probing is always necessary to garner information
for a research study. The best application of semi-structured interview is when the researcher doesn’t have
time to conduct research and requires detailed information about the topic.27
The Unstructured Interview: This type of interview does not make use of any detailed pre-planned schedule
or structure. It is the most flexible type of interview. The interviewer encourages the respondent to talk freely
and extensively about a given topic with a minimum guidance. There is more freedom in the interaction of
both the interviewer and the respondent(s). The limitation in this area is that the responses may not be
comparable since questions asked of different interviewees will be different and the questions would have
been framed in different ways since they are not standardised.28 For example, talking about satisfaction, are
you satisfied with your life? Also called as in-depth interviews, unstructured interviews are usually described
as conversations held with a purpose in mind – to gather data about the research study. These interviews
have the least number of questions as they lean more towards a normal conversation but with an underlying
subject. The main objective of most researchers using unstructured interviews is to build a bond with the
respondents due to which there are high chances that the respondents will be 100% truthful with their
answers. There are no guidelines for the researchers to follow and so, they can approach the participants in
any ethical manner to gain as much information as they possibly can for their research topic.
26 ibid
27Soyombo O., ‘Selection of Research Instruments, Questionnaire, Design and Administration’ In Readings in Law and
Research Methodology, I.A.Ayua and D.A. Guobadia (eds.) Lagos, Nigeria: Nigerian Institute of Advanced Legal Studies.
2001. 103.
28 ibid
29Britten N., ‘Qualitative interviews in Healthcare’ In Pope C. & Mays N., (eds.) Qualitative Research in Healthcare, 2nd ed.,
Personal Interviews: Personal interviews are one of the most used types of interviews, where the questions
are asked personally directly to the respondent. For this, a researcher can have a guide online survey to take
note of the answers. A researcher can design his/her survey in such a way that they take notes of the
comments or points of view that stands out from the interviewee.
Telephonic Interviews: Telephonic interviews are widely used and easy to combine with online surveys to
carry out research effectively.
Email or Web Page Interviews: Online research is growing more and more because consumers are migrating
to a more virtual world and it is best for each researcher to adapt to this change. The increase in people with
Internet access has made it popular that interviews via email or web page stand out among the types of
interviews most used today. For this nothing better than an online survey. More and more consumers are
turning to online shopping, which is why they are a great niche to be able to carry out an interview that will
generate information for the correct decision making.
Academic freedom: Academicians are expected to be open minded and share their information and ideas
freely without fear or intimidation yet observing the need to protect intellectual property.32
Fabrication and Falsification or fraud: Fabrication involves creating, inventing or faking data or results
which are then recorded or reported while, falsification or fraud is the manipulation of materials, equipment,
30 Soyombo O., ‘Selection of Research Instruments, Questionnaire, Design and Administration’ In Readings in Law and
Research Methodology, I.A.Ayua and D.A. Guobadia (eds.) Lagos, Nigeria: Nigerian Institute of Advanced Legal Studies.
2001. 103.
31 Stephen I. Akaranga & Bretta K Makau, Ethical Considerations and their Applications to Research: a Case of the University
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ABHULIMHEN-IYOHA: The Importance of Interview for Data Collection in Legal Research
processes, by changing results or omitting some data or findings so that the research does not seem to have
been well represented or recorded.33 Any researcher who is involved in such a practice violates the primary
objective of research ethics which renders him or her untrustworthy and could mislead other scholars, while
at the same time undermining their own academic authority. This is prevalent if the researcher or researchers
misuse their privilege and abuse the power bestowed upon them for their benefit at the expense of the
vulnerable subjects.34
Financial issues and sponsorship: Research is a delicate but rigorous endeavour which calls upon thorough
presentation and analysis of information. Hence, researchers should be held accountable to the public and
must seek for financial support and sponsorship because a research study should be thoroughly undertaken.
But, in some cases, the research findings could be compromised by the funding organization which does not
fully support the research financially and instead strives to save money thus impacting on the quality of the
study. This definitely leads to hurried research and distorted findings.35 Such studies could be a waste of
money or is of no value or impact on the consumers. Some research studies are even conducted under the
guidance of a sponsor/s who specifies their needs or demands. In one way, this could lead to non-compliance
or non-conformity.
Plagiarism: The issue of plagiarism is an important topic in academic institutions of higher learning. This
is the practice where an author or researcher has to ensure that any work which is written should be original
and be devoid of some texts, results or even expressions which are borrowed, manipulated or used such as
ideas, processes, results or even words of the author or publication without acknowledging where the
information has been obtained from.36 This malpractice has been necessitated by the advancement of
Information Communication Technology (ICT) in the contemporary society.37 The most common aspects of
plagiarism occur in the introductory pages such as in the introduction and in literature review. This could be
attributed to laziness, ignorance or diversity of cultures hence affecting the integrity of the researcher. It is
the responsibility of the writer to quote, or cite the original material appropriately. The two forms of
plagiarism include ‘self plagiarism’ or ‘multiple duplication’ which is also known as ‘salamis’. This is a
situation where identical material is noted in two or more publications. The other form of plagiarism is
‘redundant publication’ which occurs if a researcher re-uses his earlier work in another research without
making appropriate references to the earlier work or when some information which has been already
published is re published but with some additional new data. Perhaps the intention of the researcher is to
overemphasize on the findings that were already made. But, this definitely interferes with research analysis
and violates the copyrights law. Some of the tools that are used to test plagiarism include; the iparadigms
‘ithenticate’ – http:/lithenticate.com. And the turnitin – http://lturnitin.com which is used by the University
of Nairobi. The two software providers have partnered with cross ref-http://www.crossref.org to verify the
originality of documents that are submitted for publishing. This exercise is observed at the University of
Nairobi where all post graduate students are expected to subject their projects and theses through the turn it
in software. The Masters and PhD candidates are expected to subject their written works to this software and
be 15% or less compliant of plagiarized material. A report must then be acknowledged and submitted
together with the written projects to the Board of Post graduate Studies for approval before a graduate is
included in the graduation list. All academic members of staff and post graduate students are also encouraged
and advised to enroll and obtain Google scholar accounts and have their published documents uploaded
accordingly.
Writing and publishing Ethics: The publication of articles in peer reviewed journals or a book is mandatory
in academic and professional advancement in institutions of higher learning. The rule of the thumb at the
University of Nairobi is, ‘publish or perish’. With this in mind, each institution of higher learning has to
motivate its scholars to engage in the art of publishing so as to improve on its visibility and ranking to
compete with other institutions in Africa and the world in Webometrics. Any written article must be original
and should make significant contribution to knowledge by presenting findings that will be interesting to be
read by other scholars. And, it can only be submitted for publishing if it is well researched, written and
adheres to the necessary research ethical guidelines.
33Kour S., Ethical and Legal issues in Educational research. Indian Journal of Applied Research, 4(6). (2014).
34 Mugenda, note 4.
35 ibid
36 Kour, note 5.
37 Saunders M, Lewis P. & Thornhill A. (2011). Research Methods for Business Students, 5th ed, Pearson: New Delhi.
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An article could be written by one author or more authors. In some instances, it could be
written by a forth coming scholar or graduate student who then writes the name of a senior scholar without
informing the scholar so as to participate in joint ownership of the paper. But, each of them must have a
definite role to play so as earn credit to the final product and enhance accountability when the work is finally
published. The paper can only be original if the authors jointly agree with the information. They should show
their affiliation to an institution of higher learning because, it is mandatory for the researcher or author of a
paper or article to contribute in one way or the other to the final paper. Upon completion of writing, the
article is submitted to the Chief Editor or editor of a journal who then forwards it to a minimum of two
academic scholars for peer review. The comments from the reviewers are meant to check on the quality of
the paper by offering scholarly advice and input to it. These views are then forwarded to the author or authors
who adhere to the rubric before the paper is accepted for publishing in the next journal issue. It is however
unethical to submit one article to two different journals or duplicate publication of research findings without
informing the editors that the work is under consideration elsewhere.
Document Analysis: Document analysis includes the collecting of both secondary and primary documents.
These could include a vast array of document types, ranging from rule of law donor reports to minutes of
donor meetings, laws and regulations, maps, personal and public letters, transcripts of speeches, and
organizational memos. In qualitative research, collecting and analyzing documents is used to inform and
understand the research context. Collecting any documented material that seems relevant for the research is
advisable. For example, the researcher may find significant insights or valuable information in the diary
notes of a female police officer describing her experience of interacting with foreign rule of law practitioners,
or a donor report that is not public but that outlines planned training activities for the Afghan police force.
A researcher can collect documents in many different ways, such as asking individuals for documents (e.g.,
at an interview when specific documents or reports are being mentioned), emailing rule of law organizations
with requests for documentation, or attending workshops or seminars where written documentation is
distributed.
Participant Observation: Participant observation is a data-collection method that is useful for detecting the
dynamics of interactions, behavior, and relationships during events, such as meetings, rule of law workshops,
dialogues, interactions outside or inside a court house or police station, and public demonstrations and
speeches.40 As a method, it enables the researcher to describe existing situations using the five senses (sound,
sight, touch, smell, and taste). From participant observation, the researcher can learn about the ‘physical,
social, cultural, and economic contexts in which study participants live; the relationships among and between
people, contexts, ideas, norms, and events; and people’s behaviors and activities—what they do, how
frequently, and with whom.’41 Participant observation takes place in locations that have relevance to the
research questions (e.g., a court room). The researcher approaches participants in their own environments,
instead of having the participants come to the researcher. Gaining access to some environments (e.g., a police
station, a training center) may require obtaining permission (legal, institutional, or cultural) before beginning
observations. Hiring or partnering with someone who is more familiar with the research environment and
can facilitate these processes may assist the researcher. The researcher will usually try to visit an environment
(2005), http://www.qualitativeresearch.net/index.php/fqs/article/view/466/996;
41Natasha Mack et al., ‘Module 2: Participant Observation,’ in Qualitative Research Methods: A Data Collector’s Field Guide
or attend an event discreetly. If possible, the researcher should take detailed and objective notes while in the
process of observing; if that is not possible, the researcher should write down his or her recollections as soon
as possible after the observation. Ideally, people or events should be observed at different times of the day
and on different days of the week. People’s behavior should be observed in different settings or locations,
because behavior can be influenced by contextual factors.
It the researcher is using a tape recorder, the interviewee must be asked for, and must give, permission for
the conversation to be recorded. The researcher should then explain how written or tape recorded records of
the interview will be handled and the ethics standards that govern the research. Some researchers tape record
their interviews while some rely purely on written notes. The decision of how to record an interview should
depend on the sensitivity of the issue being researched, and especially concern for the safety of the research
participants. The researcher should have a good understanding of whether or not tape recording is suitable
before starting data collection, but should nonetheless remain flexible. Tape recording an interview with a
judge or law professor, for example, might not be an issue if the judge or professor is not worried about
losing his or her job or being targeted in other ways for speaking candidly. Victims of violence, however,
might well be afraid of speaking to someone about their experiences. Sometimes, even taking written notes
can be sensitive, and the researcher has to rely on memory and write down as much as possible after the
interview.
In giving his or her consent to be interviewed and for the interview to be used by the researcher in a particular
way, the interviewee should have the option of signing a written consent form or of giving his or her oral
42 Robert Wood Johnson Foundation, ‘Qualitative Research Guidelines Project.’ See section on interviewing and its
subsections on different interview types, http://www.qualres.org/HomeInte-3595.html.
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consent. When asking questions, it may become apparent that the interviewee does not understand them
fully. At such points, the questions should either be skipped or modified to avoid making the interviewee
feel uncomfortable while still collecting relevant data. One INPROL practitioner comments:
A related mistake researchers often make is assuming interviewees understand the
questions in the same way as the researcher. Even where an interviewee is highly educated
or works in a similar field [to the researcher], language, culture, and other barriers can
mean researchers and interviewees do not share a common understanding a question’s
meaning. It’s important to always keep in mind the strong possibility that your questions
will be misinterpreted and prepare all those involved in a project to explain the questions
in clear, simple terms.
Objectivity as a researcher is more difficult to maintain in practice than in theory. Thus, when conducting
interviews, it is important to be flexible and dynamic, an attentive and humble listener, and not to insert
one’s emotions and feelings into the interview. Such behavior does not preclude the researcher from asking
follow-up questions or explaining to the interviewee which subjects are of most interest and relevance for
the research. Giving interviewees enough time to answer questions is important. Failing to allocate sufficient
time for and between interviews may cause the researcher to rush through the interview and leave with
incomplete answers. The researcher should not, however, seek to prolong an interview if the interviewee is
eager to finish the interview quickly.
The level of the moderator’s involvement will vary from low to high depending on what seems suitable in
the specific context.44 For example, if the discussion between focus group participants is lively and centered
on the research topic, the moderator may not want to intervene; if the discussion is listless and off subject,
the moderator may need to step in and repeat or rephrase questions in order to get the conversation going.
However, too much probing from the moderator may offend participants, especially those who feel
uncomfortable contributing to a group discussion. (Such feelings of discomfort might also be important
information for the researcher to capture.) The moderator should be aware of areas of discussion that are
contentious and, if not managed, might lead to conflict within the group. Moderating a focus group requires
a flexible and humble, but also a disciplined moderator. The discussion should be recorded either
electronically or in writing. A common challenge is keeping track of who is speaking and when. Having
several researchers attend and take notes can help reduce this problem. In light of the fact that focus groups
provide data in the form not only of responses to questions but also of interactions among participants, it is
important to record nonverbal behavior such as an angry looks or other body language. When video is used
to record the discussion, notes should still be taken in case nonverbal interactions occur out of camera shot.
As with all interviews, informing participants about if and how the discussion will be recorded and obtaining
their written or oral consent to participate in the interview is essential.
Using Questionnaires
Questionnaires are commonly used as a tool for data collection in quantitative research.45 They may cover a
large random selection of people who have been through a sampling procedure, as described in the previous
section. However, in some cases, researchers carrying out qualitative research will distribute a questionnaire
to a purposively selected sample of research participants to obtain quantifiable information.46 Questionnaires
are used and distributed with the aim of encouraging high response rates and thus minimizing nonresponses.
In order to ensure a high response rate, the researcher needs to consider if there are adequate time and
resources to use the questionnaire at a scale and level of professional quality sufficient to generate useful
and useable data. Issues to consider include access (e.g., an online questionnaire is not a good idea in a
setting where Internet access is limited) and security (e.g., can the researcher safely travel to certain places
to get responses, and will respondents be safe in responding to the questionnaire?).47
Among the various ways of distributing a questionnaire are mail, on-site visits, and email. If the
questionnaire is distributed by mail, the researcher not only has to obtain addresses of where to send it but
also has to take steps to encourage respondents to mail it back once they have completed it. In the absence
of direct interaction between the researcher and respondent, there may be little incentive for people to fill in
the questionnaire. Good practice suggests that a well-written and attractive questionnaire, personalized
correspondence, and repeated mailings may increase the response rate. In a conflict setting, the postal service
may not be functioning well, which makes distribution via mail challenging.
On-site questionnaires require the researcher to travel to where the respondents live or work. Door-to-door,
on-site household questionnaire distribution may be the only option when a population list is unavailable or
people are unable to respond accurately to a questionnaire administered in any other way. Ensuring the safety
and security of those distributing a household questionnaire is imperative. The questionnaire can also be
distributed online via various types of dedicated software (e.g., Survey Monkey) or through email, with the
questionnaire sent as an attachment. The response rate to an on-line administered questionnaire may be low.
Therefore, it is advisable to establish contact with respondents in advance of distributing the questionnaire;
advance notice of exactly when the questionnaire will be sent is also likely to improve response rates.48
16. Conclusion
Interviews may be either structured or unstructured. In the case of the former, the interviewer has well
defined questions presented in a set sequence. Such questionnaires can only be used when a certain amount
is already known about the topic/situation being studied. The unstructured interview, where the researcher
has only a list of topics which can be added to or changed in the course of the interview, is employed when
little is known about the subject of study. The depth interview is a one-to-one encounter, concluded at length,
that enables the researcher to tackle sensitive and/or potentially embarrassing topics with the individual.
Depth interviews are also useful when the decisions or behaviour under study are complex. Telephone
interviews, though common in the developed world, are relatively rare in the developing world because of
the low level of telephone ownership. In developing countries, telephone interviews are more often confined
to industrial marketing research. The latest development in this field is computer - aided - telephone -
interviewing. Bias can originate from the respondent and/or the interviewer. Respondent bias arises from
poor memory, exaggeration or dishonesty, a lack of rapport with the interviewer or a misunderstanding over
the purpose of the interview. Interview bias is most often due to a lack of objectivity and/or failure to
administer questions properly and consistently. Focus group interviews involve small groups of 6-8
individuals who are encouraged to discuss a topic and are prevented from straying from that topic by a
moderator. The moderator is armed only with a list of issues/topics to guide the discussion and, therefore,
the focus group is an unstructured group interview and gives rise to qualitative data.
45 Fluid Surveys University, ‘Solving the Mystery of the ‘Survey Questionnaire,’ http://fluidsurveys.com/university/solving-
mystery-surveyquestionnaire/.
46 John W.Creswell, Research Design; and John W. Creswell, ‘A Concise Introduction to Mixed Methods Research’ (London:
Sage, 2014). 4.
47 Needham and Vaske, ‘Survey Implementation, Sampling, and Weighting Data.’
48 ibid
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