Methods of data collection

The methods of data collection used in this study were:

1. Semi-structured interviews; 2. Questionnaires, and

3. A review of literature and documentary data.

The decision to employ these different methods of data collection was informed by the research process of triangulation, defined by Jupp as ‘the use of different methods of research, sources of data or types of data to address the same research question.’143

Triangulation is achieved by gathering accounts or feedback from two or more different sources which have a common interest in terms of the subject matter of the research. Triangulation was achieved by in this study by simultaneously collecting data by means of semi-structured interviews, literature review and questionnaires. The rationale of employing these different methods of data collection was that they would help to provide as much information as possible relative to the four aspects of the evaluative criteria. Furthermore, it was anticipated that obtaining information from three sources

143 _{Jupp, V. ‘Triangulation’ in McLaughlin, E, and Munice, J. (eds.) The Sage Dictionary of Criminology,}

28 would improve the accuracy and authenticity of findings available from any one source, thereby enhancing the validity of any data collected.

After collecting the data from the semi-structured interviews, questionnaires and documentary review I systematically arranged it relative to the four aspects of the evaluative test for each law. This enabled me to respond to the evaluative requirements of the test and I was able to interpret the data in a logical manner and reach conclusions relative the reception of each law and he central question of the study.

1.6.3 Questionnaires

I developed questionnaires for both international and local actors for the ICPC and the CNL. After preparing initial drafts I distributed them to a number of colleagues at the Law Department at London Metropolitan University for their comments. I explained the aims of the thesis and the nature of the central research question and asked the reviewers for their comments regarding the questionnaires and, in particular, whether they felt that the questions would be understood by the respondents, were relevant to the aims of the research study and were framed in such a way as to invite response, taking into account the length of time it might take to complete them.

The questionnaires were re-shaped according to the feedback that I received. They were simplified and shortened considerably. Feedback suggested that the original drafts were too complicated and lengthy, and that they would take too long to complete. I was concerned that they did not comply with the recommendation of Simmons that questionnaires should take no more than half an hour to complete.144 To that end, I reduced the questionnaires in size. The CNL questionnaire, which initially contained 26 questions was reduced to 11 and the ICPC questionnaire was scaled down from 24 to 9 questions. Ultimately, each questionnaire was no longer than 3 pages of A4 paper. The final versions were short, concise and respectful of the limited amount of time respondents would wish to devote to answering a questionnaire out of goodwill.

Each questionnaire started with an initial section asking 6 closed questions designed to ascertain the expertise of the respondent while ensuring that they would retain their anonymity. Respondents were asked to clarify the nature of the organisation for which

144 _{Simmons, R. ‘Questionnaire’ in Gilbert, N. (ed.) Researching Social Life (2nd ed.) London: Sage}

29 they worked, the length of time for which they had worked there, their job responsibilities, citizenship and involvement with Afghanistan’s criminal justice system. A series of open and closed questions then followed specifically relating to each piece of legislation and structured around the central themes of the evaluative test for legal transplants proposed in Chapter 2. Each questionnaire ended with an open question inviting any further comments relating the legislation in question.

There is a general reluctance on the part of many people to respond to questionnaires145 and this was evident in relation to the recipients of the questionnaires prepared for this study. This may because of lack of accessibility to computers or online facilities that might facilitate easy responses. Responses are heavily dependent on the goodwill of recipients, without any reward and many may not have had the inclination or time to respond or may alternatively have been suspicious of their design in spite of the promise of anonymity.

1..6.4 Review of literature and documentary data

I undertook an extensive review of reports and surveys that have been conducted by Afghan ministries, international organisations and NGO’s on various areas of the justice system in Afghanistan, some of which relate to criminal procedure. These surveys have adopted a variety of qualitative and quantitative research techniques and have involved monitoring of criminal case files and interviews with respondents, both men and women, from a variety of socio-economic, cultural and ethnic backgrounds who have had experience with the formal criminal justice system in Afghanistan and with the application of the ICPC and the CNL. This includes government authorities, members of the general public, and members of the legal community, including prosecutors, the police, judiciary and defence lawyers across the country.146 The following are some of the reports referred to:

1. AIHRC’s ‘ A Call for Justice’ (2005) involved interviews of 4,150 respondents across 32 provinces;147

145

Kidder, L.H. and Judd, C.M. Research Methods in Social Relations, Fortworth: Holt, Rhinehart and Winston (1986), p224-225

146

See in addition, UNODC, Afghanistan. Implementing Alternatives to Imprisonment, in line with

International Standards and National Legislation (2008) available at www.unodc.org/documents/justice- and-prison-reform/Afghanistan_Implementing_Alternatives_Imprisonment.pdf (statistical data on crimes and sentences) and UNDP Afghanistan Human Development Report Building Modernity and Tradition: UNDP, Rule of Law and the Search for Justice (2007) available at

http://hdr.undp.org/en/reports/national/asiathepacific/afghanistan/nhdr2007.pdf

147

30 2. Asia Foundation’s, ‘Afghanistan in 2008. A Survey of the Afghan People’

interviewed 6,500 respondents;148

3. Carter and Clark’s ‘No Shortcut to Stability. Justice, Politics and Insurgency in Afghanistan’ (2010) involved 40 interviews with a range of Afghan and international actors;149

4. Integrity Watch’s ‘Afghanistan, Afghan Perceptions and Experiences of Corruption. A National Survey (2010) interviewed 6,500 respondents;150

5. UNAMA’s ‘Arbitrary Detention in Afghanistan. A Call for Action’ (January 2009) reviewed 2,000 detention cases and completed 1,000 prisoner interviews;151

6. Women and Children Legal Research Foundation’s ‘Women’s Access to Justice. Problems and Challenges (2008) interviewed 1,350 respondents;152

7. Roder’s ‘Provincial Needs Assessment: Criminal Justice in Uruzgan Province’ (2010) interviewed judges, prosecutors and justice ministry officials;153 and

8. Walker’s ‘Culturally-Attuned Governance and Justice in Helmand Province, Afghanistan’ (2010) contained 50 interviews with Afghan justice officials.154

The information from these reports provided valuable evidence relevant to the four strands of the evaluative test for each law. From my review of this documentary data I also collated some quantitative data in respect of crime statistics which was significant in terms of its contribution to assessing the application of both the ICPC and the CNL.155

148

Asia Foundation, Afghanistan in 2008. A Survey of the Afghan People (2008) available at

http://asaifoundation.org/publications/pdf/418

149

Carter, S. and Clark, K. No Shortcut to Stability. Justice, Politics and Insurgency in Afghanistan, Chatham House, (2010) available at www.chathamhouse.org.uk/publications/papers/view/-/id/985

150

Integrity Watch Afghanistan, Afghan Perceptions and Experiences of Corruption. A National Survey (2010), p.1-130, available at www.iwaweb.org

151

UNAMA, Arbitrary Detention in Afghanistan. A Call for Action, Vol. 1 (January 2009) available at www.unama.unmissions.org/…/ADVC%20-%20Vol/021%20-%English.pdf (a review of 2,000 detention cases and 1,000 prisoner interviews)

152

Women and Children Legal Research Foundation, Women’s Access to Justice. Problems and Challenges (2008) available at

www.wclrf.org/English/eng_pages/Resources/Women_a_t_Justice/WATJ.pdf

153

Roder, T. Provincial Needs Assessment: Criminal Justice in Uruzgan Province (2010), available at

http://www.mpil.de/shared/data/pdf/pna_uruzgan_final_1.pdf

154

Walker, E.L. Culturally-Attuned Governance and Justice in Helmand Province, Afghanistan, International Media Ventures (April 2010) available at

http://www.Governance%20and%20Justice%20in%20Hlemand%20-%20WALKER1.pdf

155 _{Nau, D. ‘Mixing Methodologies: Can Bimodal Research be a viable Post-Positivist Tool?’ (1995) The}

Qualitative Report 2(3) available at http://www.nova.edu/sss/QR/QR2-3/nau.html. According to Nau, ‘blending qualitative and quantitative methods can produce a final product which can highlight the significant contributions of both;’ p.253

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