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Measure
5.1.2: Justice System Representatives’ Perceptions of Court Performance
This
measure relies on modified focus group interviews to obtain the observations
of representatives of other components of the justice system regarding the
court’s performance. 5
Planning/Preparation.
This measure involves conducting facilitated group discussions with 8 to 12
individuals per group.6 Each group should
include representatives from other components of the justice system (e.g.,
law enforcement personnel, corrections, the local bar) as well as agencies
that regularly interact with the court (e.g., child protective services).
During the demonstration of the measures, the courts discovered that it was
better to have individuals with the same level of knowledge participate in
each group. That is, it is better to have individuals who are very familiar
with the court participate in one session and those who are less familiar
participate in a separate session.7
An
interview guide should include questions on the court’s performance
regarding accessibility; expedition and timeliness; equality, fairness, and
integrity; and independence and accountability. The guide should be prepared
with the help of a professional group moderator, who should also conduct the
group sessions and draft a report. Contact consumer research firms,
universities (the marketing, psychology, or sociology departments would be
the best places to begin the inquiry), and local psychologists to find a
moderator.
Once
a moderator has been recruited, he or she should meet with court
representatives to determine the objectives for the focus group sessions and
draft a preliminary outline of topics that will be covered during the
interviews.
The
first step in recruiting participants for the focus groups is to compile a
list of agencies that must interact with the court on a regular basis to do
their work (e.g., law enforcement, prosecutor’s office, public
defender’s office, social service agencies, probation office,
corrections). The next step is to identify individuals from these
organizations who could serve as representatives. Directors and managers
would be appropriate as well as individuals who routinely interact with the
court. Judges and other court employees should identify individuals they see
on a regular basis to increase the list of possible candidates.
The
identified individuals should be contacted by telephone or letter to
determine their willingness and availability to participate in a focus group
discussion. Individuals should be screened to determine whether they are
friends of other prospective participants and whether they have strong views
about the court system (e.g., they have a relative in court administration).
Participants
are selected randomly from the individuals who meet the screening
requirements of availability and neutralness. If three group sessions are
planned, 24 to 36 individuals are selected because each group should have 8
to 12 participants. The individuals should be placed in groups according to
their familiarity with the court, which will help ensure that discussions
are not dominated by two or three individuals who have more knowledge of
court procedures and activities. Each group should also include
representatives from a variety of agencies (e.g., all law enforcement
officials should not be in one group).
A
conference room is the best setting for a focus group interview. Focus
groups also can be conducted in a home, hotel, or community meeting room. A
neutral setting away from the courthouse is best. Participants should be
arranged around a rectangular table with the moderator sitting at the head
of the table.
Based
on the experiences of the courts participating in the demonstration project,
the confidentiality of participants’ remarks during the group sessions is
necessary for the successful application of this measure. Individuals from
the court should not be present during the sessions and should not watch or
listen to the discussions in a separate room (which is a typical setup for
focus group sessions).8 It is important that
someone take notes during the session and that an audio tape is made as a
backup. The moderator should stress to participants that the notes and tapes
will be used only in the preparation of the report and that the report will
identify themes rather than individual comments. If taping the session
becomes a problem, the taping should be stopped.
Using
the objectives and preliminary outline developed earlier, the moderator and
court representative should determine the specific topics that will be
addressed and the approximate length of time that will be spent on each
topic during the interview session. The guide serves as a reference for the
moderator to ensure that all important topics have been discussed during the
session.
Data
Collection. The
same moderator should conduct all three group sessions. Discussions should
flow freely, but each should proceed along roughly the following format:
-
Introduction:
The moderator should greet all of the participants, introduce himself or
herself, introduce the participants to each other, and briefly describe the
objective for the group session. Additionally, the moderator should
establish an approximate time duration for the session and should describe
the session’s rules (e.g., one person talks at a time, no smoking).
-
Warmup:
Each participant should be given an opportunity to discuss briefly his or
her affiliation with the court process. The moderator should begin the
discussion with a broad topic. For example, during the demonstration of this
measure, one court conducted a brief brainstorming session to identify users
of the courts and their expectations of the court system.
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Main
discussion: After allowing some discussion of the warmup questions, the
moderator should guide the group into a discussion of the specific topics
listed in the moderator guide. To maximize the utility of the focus group
session, it is essential that only the moderator guide the discussion. This
need to keep the discussion focused is the principal reason for requiring an
experienced moderator.
-
Wrapup
and closing: At the end of the session, the moderator should recap what he
or she perceived to be the discussion’s major points or conclusions to
ensure the accuracy and importance of those points.
Data
Analysis and Report Preparation.
Following the three sessions, a short report should be prepared by the
moderator that covers the following topics: (1) the reasons the focus groups
were conducted and the types of information sought, (2) a description of the
groups (e.g., the types of individuals included, the size of the groups),
(3) themes that emerged during the discussion, and (4) recommendations and
conclusions that were developed during each group and as a result of all
three groups.
________________________________
5 The
focus group sessions will not include much of the technical aspects of
traditional focus group sessions such as video recording and observation of
the group through a one-way mirror. The cost of conducting these sessions
will be considerably less than for typical focus group sessions. The primary
expense will be for the services of a professional moderator/facilitator.
6 The description of this measure relies on the
work of D. Morgan, Focus Groups as Qualitative Research (Beverly
Hills, CA: Sage, 1988). For more information on focus groups, see R.A.
Krueger, Focus Groups: A Practical Guide for Applied Research
(Beverly Hills: Sage, 1988).
7 Group decisionmaking software may provide an
alternative to conducting sessions in person. The software provides a forum
for discussions while ensuring the anonymity of participants' comments.
8 The coordinator for the measure may be included
if the individual is seen as neutral (e.g., someone from the AOC or from an
outside institution such as a university).
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