The heart of any research design is the collection of data.

There are two sources of

collecting data-the primary and the secondary.

In the first, the data is directly collected from the respondent also known as First
Hand Study, whereas in the second the main source is published and unpublished
material. This is often called library research as well.

Most of the studies have found these sources very beneficial. Several devices are
employed to collect primary data. In this Lecture we shall confine our discussion to
mainly Four tools and techniques: Observation, Interview, Questionnaire and
Schedule. The preparation, construction and use of these tools will largely depend
on aim, nature,scope and contour/shape/outline of the studyalong with available
resources for collection of data, from where the data is collected, budget, time
and other several factors.

The tools of data collection should be objective (unprejudiced),

precise/specific/particular and systematic so that different researchers collecting
information from the same persons should arrive at the same results. As far as
possible the information should be such that it is amenable/responsive to
quantification. Preparation of scales and indices come in handy for this purpose.
However, it is concern with data analysis, but it is necessary that tools and
techniques by which data is collected should be scientific so that the data could be
processed to create constructive information.

Choice of Instrument of Data Collection

The choice of a particular instrument of data collection will depend on the

characteristics of the respondents as well as the field situation.Of course, the
constraints of resources-trained personnel, funds andtime-will continue to
operate all along.

In fact, every item in a questionnaire or a schedule constitutes a hypothesis or a

part of a hypothesis in itself. It is, therefore, essential to decide which data is and
which is not relevant.

This judgment requires critical thinking, guided largely by past study and theory.
Therefore, before choosing the instrument for data collection, extensive literature
review is also necessary.

1
For example, in a study of social background and social values of judges, one
would not be required to consider the information about climate or atmosphere as
relevant.

However, to study the trends of juvenile delinquency, the study of modus operandi
of adult criminal may be relevant and useful.

The hypothesis of the study will suggest the type of data needed, and the
framework of argument will indicate the form they shall be in. The date collection
should be in correlation with statement of problems, objectives of the study and
hypotheses formed by the researcher. The most important task for the researcher is
to reach the ultimate goal and for this researcher has to develop an instrument
which would yield reliable and accurate data and be economical as well.

Much of the empirical research conducted follows the design of descriptive

studies. The descriptive study is aimed at accuracy. The systematic collection of
the existing information from a set of people is known as a survey. Therefore, the
surveyor social survey is another name for the descriptive study. It is mainly a
factfinding study.

The two most important tools generally used in social surveys are Schedule and
questionnaire. Really speaking these two forms are similar in nature and there is
very little difference between the two.

As far as construction is concerned the only difference between the two is that
while the schedule has to be used in direct interview or direct observation and is
filled by the field worker himself, the questionnaire is generally mailed or
otherwise supplied to the respondent who fills and returns it to the researcher.
Some researchers combine both for collection of data.

So, the schedule and the questionnaire contain some questions or blank tables
which are to be filled in by the field worker getting information from the
respondent in the former case or the respondent himself in the latter case. The
purpose of construction of the schedule is to provide a standardized tool in order to
attain objectivity.

There is yet another tool of data collection which is popularly known as interview
guide. It contains only the topics or broad headings on which the questions are to
be asked. Interview guide is generally used in case of qualitative or in depth
interviews.
2
Apart from these tools of data collection, the researcher also makes use of
observation technique. Observation is probably the oldest method as well as
modern method used by human beings in scientific investigation for collecting
data. But in legal system it may not prove to be of much use.

Observation may take many forms and is at once the most primitive and the most
modern of research techniques. It includes the most casual, uncontrolled
experiences as well as the most exact film records of laboratory experimentation.
There are many observational techniques, and each has its uses. Since the student
should be able to choose which tools are most suitable for his research project.

All of us notice some things and fail to see others. Our preferences and alertness,
the range and depth of our knowledge, and the goals we seek all go to determine
our pattern of selective observation.
For eg.Observing the juveniles/children spending time in study, on
mobile phones, playing games etc.
Interview Schedule

Interviewing itself is an art, but the planning and writing of an interview schedule
is all the more so. It is difficult to produce a good schedule without considerable
prior study and practice. There are several reasons for this, the main one probably
being the multiple meaning and ambiguity of words, the lack of sharp and constant
focus on the problems and hypotheses being studied, a lack of appreciation of the
schedules as a measurement instrument, and a lack of necessary background and
experience.

The purpose of a schedule is to provide a standardized tool for observation or for

interview in order to attain objectivity. By schedule every informant has to reply
the same question put in the same language and the researcher has no choice to get
the desired reply by putting a different question or changing the language of the
same question. The order of the questions is also the same and thus the whole
interview takes place under standardized conditions and the data received is easily
comparable. The other purpose of the schedule is to facilitate the work of
tabulation and analysis. In fact, the questions are formed while keeping the
tabulation plan in mind.

3
Procedure for Framing a Schedule

While framing a schedule, the first question to be asked is, what are the different
aspects of the problem? The problem under study should first of all be split up into
various aspects. The determination of these aspects will depend upon clear
understanding of the problem under study. The next question to be decided is, what
information is necessary? For this purpose each aspect has again to be broken up
into a number of subparts. These subparts should be exhaustive enough to give a
full and complete picture of the aspect under study. The third step is the framing of
actual questions. This part deals with the form and wordings of the questions. More
than one question may be asked to get complete information about the particular
aspect. When information cannot be secured through direct questions, indirect
questions may be resorted to. This part is the most vital part of the schedule and
any error in it may invalidate the whole enquiry through biased, incorrect,
incomplete or irrelevant information. The fourth step is general layout of the
schedule and arrangement of questions. Once the questions have been given
definite form, the next problem is to bring them in proper form. The last step is
testing the reliability and validity of schedule. After the schedule has been
prepared, it has to be tested on a sample population to find out if any discrepancies
have crept in. Ultimately it may be amended in the light of the experience thus
gained.

Type of Questions in Schedule

The type of questions to be put in the schedule is the same as thatof the
questionnaire except the fact that the frequency of open-endedquestions may be
increased. However, no hard and fast rule can be laiddown for selection of the
nature of questions to be asked. It all dependsupon the individual nature of study-
type of respondents. quality of fieldworkers and other means of verifying the
information.

Types of Questions

The questions of the schedule may be classified into the following:

(a) Open-ended Questions: In these questions the respondents are given freedom
to express their views as there is a wide range of choice.

(b) Closed Questions: These types of questions do not allow the respondents to
give answers freely.
4
(c) Pictorial Questions: In these types of questions pictures aredrawn and the
respondent indicates the answer by selecting the pictureshe prefers.

(d) Dichotomous Questions: In these questions, two alternatives aregiven: a

positive one and a negative one.

(e) Multiple-choice Questions: These questions consist of manyquestions. The

respondent has to select anyone of these.

(/) Leading Questions: In these questions the reply is suggested inan indirect way.
These types of questions create confusion. Thus, as faras possible, leading
questions should be avoided.

(g) Ambiguous Questions: Questions which indicate alternate meaningsand lack

clarity are called ambiguous questions.

(h) Ranking Items ofQuestions: Through these questions, the preferencesof the
respondents are obtained.

Defective Questions

A question is regarded defective if:

( 1) It is very lengthy.

(2) The nature of the question is indirect and ambiguous.

(3) It is complex and is regarding the personal life of a respondent.

(4) It is suggestive.

(5) A question that invites inaccuracy and unreliability.

(6) It is superfluous to the problem at hand.

(7) It is a question whose answers are universally accepted.

(8) It contains abbreviations and technical terms.

(9) It is addressed to the emotions of the respondent.

LEGAL RESEARCH AND LAWREFORM page no. 113 in Verma and Wani

5
The twentieth century has seen the most spectacular advances in the achievements
of science and its products, as well as in the proliferation of legal rules and
precedents. In this Article, Mr. Loevinger discusses the role that science has
played, and is likely to play, in the field of law. He points up the great potentialities
which science has to offer to the lawyer such as electronics in the field of data
retrieval. He concludes that the lawyer will have to adapt himself to the evolving
and emerging miracles of man's newest intellectual achievements if the legal
profession is to retain its position of intellectual leadership in this country.

Jurimetrics was first coined by Lee Loevingerin 1949 and introduced in the legal
vocabulary in the late fifties. The term was used by academicians during the 1960s
to see the law strictly through an empirical approach. At the same time, the use of
computers in law practice began to revolutionize the areas of legal research,
evidence analysis, and data management of the legal system.

However, it is seen that in India, most of the individual/personal legal researches

are purely doctrinal and not empirical. Only big institutions, regulatory institutions,
governmental agencies are engaged/indulged in empirical research. However, due
to inception of computer and ICT, the nature of doing legal research is changing.

One of the empirical researches about the judicial behaviour and mathematical
analysis of complex legal concepts is worthwhile to discuss here.

In recent years, attempts to predict judicial behaviour have taken a mechanicalturn

for which the term ‘jurimetrics’ has been invented. So, jurimetrics is the empirical
study of legal phenomena/legal texts with the aid of mathematical models on the
basis of methodological individualism (rationality i.e. a theory to describe, explain
and predict human behaviour specifically judges).

Jurimetrics is the science of law or more particularly, it is science of study of

judicial behaviour and analysis of justice dispensation system.

The main aim of jurimetrics is to conduct the measurement of the judicialdecisions,

work, or judge’s behavior.

What is necessity of measuring the judicial decision? The answer lies in the
process of pronouncement of judicial decisions by applying principles of equity,
justice and good conscience. In a broad sense, thismeans that a judge cannot refuse
to decide a case on the ground that there is no precise authority on point.

6
Generally, Justice is given by the judicial bodies on the set principles andsettled
laws of the land. However, there are still some extraneous factors come in between
to givedifferent colour of interpretation to the law. And so there is difference of
judicial opinion on interpreting the same provision of law. Therefore to minimize
error in decision making process, inception of mathematical, statistical and
technology is helpful. That is nothing but jurimetrics in law.

Jurimetrics is the science of judicial behavior. Judicial bodies are also comprised
ofa human. The ultimate judgment is delivered from the court of law by a human
being(s) i.e. ajudge or a panel of judges.

Thus, while conductingthe jurimetrics research of any judicial system mainly two
aspects should be considered-

-First the nature of the people which involves the individual difference, selective
perception, awhole person, motivated behavior, desire for involvement, and finally
the value of the person(judge, his integrity, standing and knowledge).

-Secondly, the nature of the organization, which includes the social system as a
whole,mutuality of interest among the stakeholders of the institutions (level of
courts), and ethicaltreatment within the institution.

It takes the form of differentkinds of investigations into legal phenomena by using

symbolic logic, behaviouralmodels and mechanical aids. Earlier, Boolean algebra
was used to analyze complexsets of facts, prediction of behaviour has now moved
away from that of the individualto that of groups and the use of computers is being
explored.

There are so many softwares which provide legal data base in arranged manner.

From where this concept arose- it emerged from the realistic movement which
gives priority to judges’ understanding of law, society and their psychology rather
than giving priority to laws enacted by the legislative bodies. Thus, the law is
interpreted and construe by the judges using their own consideration and
psychology, so the result/judgment varies. For example Anticipatory Bail- FIR,
Personal Presence.

It focused on reducing human error by applying computer technology and

symbolic logic in judicial reasoning as well as, forecasting the expected legal
outcomes.

7
The concept has emerged from the realistic movement which does not give priority
to laws enacted by the legislative bodies but on the judge’s understanding of the
law, society, and their psychology.

Jurimetrics is concerned with quantitative analysis ofjudicial behavior, application

of communication and information theory to legal expression,use of mathematical
logic in law, retrieval of legal data by electronic and mechanical means,and
formulation of the calculus of legal predictability. (if we provide facts in
calculated manner, the software provide legal suggestions and line of action to be
taken by aggrieved party. It isthought that with artificial intelligence tools, some
form of computational model,appearing as Legal Expert Systems ("LEX"), can be
devised for the analysis of legalproblems within defined domains and where
possible, to provide basic legal advicederived from the reasoning process.

The preparation of Statistics on Prison, Prison Reforms, Punishment, Conviction

and acquittal rate and judicial trend towards it, Report on Crime by NCRB and
other statutory bodies.).

Jurimetricssignifies the scientific investigation of legal problems, especiallyby the

use of electronic computers and by symbolic logic. The vast range and
hugeaccumulations of material relevant to the legal process seemed to demand
some kindof mechanical and mathematical approach, if only towards information
storage andretrieval. On the other hand, the complexity of modern statutory
provisions withcollateral amendments, statutory instruments seemed to require
more than traditionalmethods to enshrine / expound their meaning.

Loevinger employs the term ‘jurimetrics’ to denote a different set of activitiesfrom

those that are normally performed under the umbrella of ‘jurisprudence’.The
distinction between jurisprudence and jurimetrics isthat jurisprudence is concerned
with the function of law and the analysis of general juristicconcepts whereas
jurimetrics is concerned with the quantitative analysis of judicial behavior,the
application of information theory to legal expression, and the retrieval of legal data
byelectronic and mechanical means. A jurimetrics analysis starts with an extract
raw data from courts and organizes that datain a way that can be processed. Most
of the raw data is unstructured and written in naturallanguage, which stands as a

8
challenge to IT experts. It requires expertise in law, statistics,and computer
science, jurimetrics is a multidisciplinary field.

For example,

jurisprudence is concerned with such matters as the nature and sources of the law,1
theformal bases of law,'2 the province and function of law,'3 the ends of law and
theanalysis of general juristic concepts.4 Jurimetrics is concerned with such
matters asthe quantitative analysis of judicial behaviour, the application of
communication andinformation theory to legal expression, the use of mathematical
logic in law, theretrieval of legal data by electronic and mechanical means, and the
formulation of acalculus of legal predictability. ‘Jurisprudence is primarily an
undertaking ofrationalism; jurimetrics is an effort to utilize the methods of science
in the field oflaw. Jurisprudence cogitates/thinks essence of law, ends and
values.Jurimetrics investigates the methods of inquiry.