Qualitative Experts only. PHD. Serious proofreading necessary.

Advanced Qualitative Reasoning and Analysis

by

Tiffany Kirkland

PHD, Walden University, 2019

Project Submitted in Partial Fulfillment

of the Requirements for the Degree of

Doctor of Philosophy

[name of program]

Walden University

[last month of quarter you plan to graduate] 2019

The research problem entailed in this particular study is the presence of misinterpreted eye witness testimony. The misinterpreted of eye witness testimony is one of the leading causes of wrongful convictions and wrongful acquittals. It is important to implement social change when it comes to the misinterpretation of eye witness testimony. In order to gather the appropriate information; in this case, the descriptions of the legal professionals can lead to helping prevent misinterpreted testimony by understanding their experiences.

The purpose of the research is for legal professionals to describe their experiences in efforts to understand how eye witness testimony is misinterpreted. It is imperative to understand the errors that occur in eye witness testimony interpretation due to different reasons. However, it is a topic that needs to be combated appropriately. The legal professional’s description of their experiences regarding what they have witnesses in their professional career. Additionally, this could lead to prevention of misinterpreted of eye witness testimony by finding the strengths and weaknesses of eye witness testimony.

“How do legal professionals describe their experiences with misinterpreted eyewitness testimony experiences?” 

The phenomena of interest are understanding the misinterpretations regarding eye witness testimony based on the experiences of legal professionals. After avid research regarding eye witness testimony, misinterpretations have led to wrongful convictions and wrongful acquittals. In order to implement the appropriate social change, I have embarked upon a mission to change the way the criminal justice system views eye witness testimony.

The phenomenological approach is a qualitative approach that captivates the human subjective experience. Additionally, the aim of phenomenological is to see things through the perspective of the people experiencing an event. It is essential for a greater emphasis to be placed upon the interpretation of experiences. Professionals and researchers take a critical position when it comes to qualitative studies in order to conquer resolutions based upon experiences (Davidsen, 2013). It is essential to capture details when it comes to dealing with lived experiences. Researchers have known to be hesitant to focus too intently on specific steps when it comes to the phenomenological approach. Field notes can be especially important in efforts to clarify the interview setting. Furthermore, it is exceptionally important to be communicate verbally and nonverbally during the interview setting in order to captivate the reality of the situation. Also, the phenomenological approach is an approach that entails a method that is associated with trial and error (Groenewald, 2004).

It is essential to capture the core of the subjective experience when it comes to eye witness testimony because it is truly a subjective experience and should be approach as one. Additionally, it is important for the eye witness testimony studies to obtain the clarity of the experiences. There are so many misconceptions when it comes to the applicability of the subjective experience; this is why it is so important to be careful during the interviewing process. The phenomenological approach allows the interview questions to be conducted in a flow that is consistent with an opportune conversational flow; this conversational flow allows for a more in-depth approach (Dalby, 2007).

The phenomenological approach is appropriate approach for this particular type of research study. The phenomenological approach is an approach that encompasses the human experiences. Additionally, it is important to consider emotionality, desire, and other factors. Furthermore, there are varying levels of perceptions regarding the subjective human experiences. Additionally, this approach is beneficial when it comes to trial and error (Groenewald, 2004). When describing the experiences of legal professionals, I believe that the phenomenological approach is appropriate in this regard. From a legal standpoint, it is important to capture a method that entails a trial and error type of approach.

My target group of interest were family and acquaintances. As well as those people who are on social media.

The sample size is very important when it comes to qualitative research. The sample size in qualitative research is smaller than the quantitative research. Some scholars and researchers alike may argue about the the important of sample size when it comes to data saturation. Since data saturation is defined by the data collection process and the lack of new or relevant data. Additionally, theoretical saturation is important because it is the phase of data analysis and all concepts are developed into theories. According to recommendations, twenty-five to thirty participants is the minimum required in order to teach data saturation. When conducting in depth studies, it is ideal to meet more than the minimum requirements. Furthermore, theoretical saturation is optimal when there is a specific goal in mind to satisfy the requirements for change. Also, data collection should be exhausted because all of the relevant data should be satisfied (Dworkin, 2012). In my opinion, there should be an adequate enough sample size in order to combat the study of eye witness testimony. It may take a larger sample than thirty participants in order to reach data saturation in order to determine how legal professionals describe their experiences. When it comes to reaching data saturation, the researcher has to be sure that the investigative process is a thorough process. Additionally, it is important to develop theoretical saturation in efforts to implement better policies and procedures in accordance with an acceptable theory for the sake of social change. In my opinion, there should be a large amount of data in order to achieve optimal results. Also, the phenomenological approach is subjective and it is important for knowledge to be extensively collected, analyzed, etc. When it comes to this particular study, it would be more feasible to conduct interviews, surveys, and observation in order to gather information that is indicative of the human experience.

According to Wise, Sartori, Magnussen, & Safer (2014), the legal professionals and the jurors were extensively surveyed, and the number of participants were large in number in order accurately depict the knowledge and skills of each personnel in order to carry out the intended purposes of the study. Additionally, this particular study also implemented safeguards in order to allow people a solution to the errors associated with eye witness testimony. The study was extremely detailed, and the extent of the data saturation was more than adequate enough to carry out the intended purposes of the study. Additionally, errors were able to be identified by emerging patterns due to the data saturation that was achieved by utilizing a larger sample size. In this study, there were many data collection methods utilized; this includes interviews, observations, and surveys.

The inclusion criteria for a study regarding eye witness testimony should me a male or a female and they have to be a legal professional;This particular studies focuses on legal professionals opposed to jurors because the basis for this study is to describes the experiences of the legal professionals. According to Wise, Sartori, Magnussen, & Safer (2014), it is important to take note of all the people included as legal personnel. The judges, defense attorneys, prosecutors, and law officers. Additionally, it is important to take into consideration of the people that would be beneficial to the study in terms of eye witness testimony. In my opinion, it is important to specify the number of years that the legal professional has been in practice in efforts to see if experience is a factor regarding the knowledge of eye witness testimony. Additionally, it is important for the criteria to be a legal professional that have seen a wide range of crimes; this includes murder, theft, etc. Additionally, I feel that the success rate of winning a legal proceeding is irrelevant when it comes to this particular study because it is not feasible to the study because the reason for the success may or may not be due to the interpretation of eye witness testimony. 

There are many approaches that I would use during the recruitment process. Recruiting participants can be a challenging and daunting task and requires careful. I would start my talking to my family and acquaintances. I would talk to them personally via telephone explaining that I am a conducting a research project and would like to have further assistance. Also, I would also use emails as a method of recruiting participants. Additionally, I would distribute flyers, and posters in efforts to recruit participants for my study. However, I would distribute flyers at my workplace as well as the community programs where I volunteer. However, it is important for participants for to meet the inclusion criteria without violating Walden University’s IRB requirements for selecting participants. Furthermore, it is best to communicate effectively when it comes to recruiting participants in efforts to selecting the right participant in order to carry out the intended purpose of the study. In order to prevent biases, it is imperative to be as objective and not implement personal opinions into the study.

Interview Recordings and full transcripts will be shared with each interviewee, upon request. Transcripts with identifiers redacted will be shared with my university faculty along with my analysis.  The interview recording and transcript will be destroyed as soon as I have completed my course. Anyone who want to talk privately about your rights as an interviewee, you can call Dr. Leilani Endicott. She is the University’s representative who discuss this with you.

The first interview conducted was transcribed manually; a transcription service was not utilized. Memo notes were also conducted. Due to the fact that the interview was a phone interview, the observations of body language and nonverbal cues were not documented. However, occurrences throughout the interview was conducted in the notes; this includes information on word usage, pauses during the interview, etc.  The transcribing process was ensured for accuracy and was validated by a third party. During this interview, the weaknesses and strengths were thoroughly examined. Also, the potential for error was also conducted. According to Davidson (2009), transcription is a selective process in efforts to conquer goals, including theoretical goals. The lack of adequate transcription often is associated with the lack of documented empirical accounts.  It is imperative to address the data collected in terms of analytical standpoint.

Upon conducting the interview, it is imperative to review the transcription process, the interview itself, and the notes conducting during the interview. It is important to capture the interview and review the process from an in-depth perspective. Additionally, it is important to go through a reflective process in efforts to capture the core of the intended purpose. Summative assessments can generally be conducted. It is imperative to understand that a important component of the process is to find where patterns emerge after gathering all the essential data gathered (Taras, 2008). During this process, the transcription process was manually conducted, and the core of the topic was captured.  During the interview process, both interviewees expressed their experiences based regarding the misinterpretation of eye witness testimony. It was concluded that the experiences they had were similar in many instances as well as differences being ultimately noted. The questions that were successful were the ones that entailed a more detailed account. It was concluded that signs occur when deception is present. Additionally, it is important to note the interviewees had similar experiences when it comes to cross-examination and the ability to pinpoint discrepancies of the eye witness testimony. Also, it is important to note that it is always important to make sure that the testimony being compared with the circumstantial coupled with scientific evidence. Furthermore, it was established that memory can play a vital role when it comes to eye witness testimony in terms of accuracy and reliability. It is known that the misinterpreted of eye witness testimony can lead to wrongful convictions and wrongful acquitals, as stated in previous research. The interview reflected that is essential for the legal professionals to thoroughly understand the benefits of testimony interpretation. Patterns were subsequently noted in terms of the interview. Furthermore, the interviews confirmed the concern for reliability of eye witness testimony and the opportunities presented in order to understand the fallibility of eye witness testimony.

The conduction of my interview was to establish the experiences of legal professionals and to closely mimic the actual experiences as close as possible for the efforts of training purposes. In my opinion, I believe that the essential information was gathered, reaching saturation regarding training purposes. However, I believe that thick rich descriptions was limited during this particular interview. I believe that enough information was gathered in order to carry out the intended purposes of the interview in terms of training purposes. In order to improve the quality of the interview, there should have been more elaboration, more detail, etc. I believe that I established adequate rapport by starting off asking questions that brought the participant joy and induce the conversation into a more conversational flow. The interview was mainly a neutral conversation, yet there are some components that initiate some probing and later had some elaboration regarding some questions. However, I believe the interview "fell short" at times due to the participant not being specific enough during some questions. The approach that brought me closer during the interview where the questions started off with "Describe your experiences....." These questions entailed the descriptions of strengths and weaknesses, memory recall, and confidence levels. Furthermore, there were questions that prompted the participant to expand on details of memory recall and alleged criminal identifications. Upon comparing the interviews, patterns did emerge and was documented in the journal notes accordingly.

Groenewald, T. (2004). A phenomenological research design illustrated. International Journal of Qualitative Methods, 3(1), 2-14.

Dalby, J. T. (2007). On the Witness Stand: Learning the Courtroom Tango. Canadian Family Physician, 53 (1), 65-70.

Davidsen A. S. (2013). Phenomenological Approaches in Psychology and Health Sciences. Qualitative Research in Psychology, 10(3), 318-339.

Document: IRB Verbatim Informed Consent for Practice Interviews. (PDF).

Groenewald, T. (2004). A Phenomenological Research Design Illustrated. International Journal of Qualitative Methods, 3 (1), 42-55.

Spillet, M. (2003). Peer Debriefing: Who, What, When, Why, How. Academic Exchange Quarterly, 7 (3), 56-63.

Davidson, C. (2009). Transcription: Imperatives for Qualitative Research. International Journal of Qualitative Methods, 8 (2), 35-52.

Taras, M. (2008). Summative and Formative Assessment.  Perceptions and Realities. Active Learning in Higher Education, (9) (2), 172-192

Interview Guide

Research Question: How do legal professionals describe their experiences with misinterpreted eye witness testimony?

Type of Approach: Phenomenological Approach

Interview Questions

What enjoyable moments have you had in your legal professional career?

Based on the number of years you have been a legal professional, do you feel this has helped you understand the misinterpretation of testimony?

Based on your experiences, describe the types of situations have you encountered with the misinterpretation with eye witness testimony?

How has the lack of experience in an area has hindered you from understanding the misinterpretation of testimony?

Tell me about how you were wrong regarding the accuracy of eye witness testimony?

Tell me about how you were right regarding the accuracy of eye witness testimony?

Describe your legal experience when it comes to the problems associated with an eye witness regarding the inability to recall specific events of the crime?

How would you describe the confidence level of eye witness that had proven weaknesses in their testimony regarding memory recall?

Describe how the eye witnesses demonstrated inconsistencies during cross examination when it comes to how the eye witnesses recalls the events of the crime?

In your experience as a legal professional, how would describe intentional and unintentional representations of the recall of events when it comes to eye witness testimony?

In your experience, how would you describe the strengths and weaknesses regarding the accuracy of recalling the events of a crime?

Describe your experiences regarding how eye witnesses did not describe the criminal accurately in a line up?

How would you describe the confidence level of the eye witnesses when a suspect is found to be wrongfully acquitted or wrongfully convicted?

What do you think are contributing factors that interferes with the eye witness’s ability to accurately identify a suspect in a line up?

In your experience, how would you describe experiences when the eye witness’s testimony is not consistent to the person, they identified in line up?

When conducting eye witness interviews, how would you describe the setup of the interview questions?

In your experience, what are the routine questions that are generally conducted during interview questions?

In your experience, how would you describe the effectiveness of the interview questions that are implemented from the eye witnesses?

In your experience, how would you describe the patterns that emerge from the interview questions from the eye witness in which you suspect deception is present?

Is there anything else that you would like to add when it comes to your experiences with problems associated with eye witness testimony?

Potential Survey Questions

Are you male or female?

How old are you?

State your education.

What is the specific title of your occupation as a legal professional?

How many years of experience of you had as a legal professional?

What type of crime are you most experienced in dealing with?

What is your area of expertise?

What would you consider your strengths in your legal professional experience?

What would you consider your weaknesses in your legal professional experience?

Observation Notes: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Miscellaneous Notes:

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*Based upon the answers to the survey questions, the interview questions can be altered. In order to have an in-depth questioning, the interview process and questions are subject to change. As I understood, it is important not to have a predetermined set of questions that cannot be altered.