Re: Human Subjects Review/Offending Populations

[William Francis Northey <northey@xxxxxxxxxxxxxx>]

On Fri, 4 Apr 1997 HARTLEYC@SOCIAL-WORK-PO.SSW.UIOWA.EDU wrote:

>         I am looking for information (citations if possible) and/or any 
>      advice regarding human subjects approval for conducting research with 
>      offending populations.  I am in the early stages of developing a study 
>      to do in-depth, qualitative life history interviews with offenders 
>      (both batterers and sexual offenders).  
>         There are several possible constraints I see to both conducting 
>      this research and obtaining human subjects approval.  The first 
>      constraint is the offender's denial.  Their denial is no doubt due, in 
>      large part, to their concern about possible prosection.  

It sounds like you want to interview people before they are adjudicated on
any type of sexual offense.  How do you know that "denial" is not just
innocense?  

>      I have done 
>      qualitative interviews with sexual offenders where I limited the scope 
>      of discussion to the victim for whom the offender was currently in 
>      treatment, meaning they were not asked to talk about any other 
>      possible undisclosed offending behavior.  I would like to expand the 
>      scope of inquiry with these groups of offenders.  Thus, there is the 
>      possibility that they might talk about previously undisclosed 
>      violence.

This shouldn't be a problem, as long as you let your participants know the
limits of confidentiality.  Granted they may not want to talk about it
somethings, but it will allow a review board to approve it.  The other
thing that I did when talking with juveniles who were accused of sexual
offenses was to talk with them "hypothetically."  If you had done what the
victim has said, why do you think that might have happened.  If you had
done X, what would your parents think?  For me, the "truth" was not really
important as was finding out what MIGHT get in the way of youth being able
to accept responsibility for their behavioir.  In spite of the fact that I
was not interested in the "truth" the participants were very forthcoming.  
  
>         A second constraint is that you can't do qualitative interviews 
>      anonymously.  The kinds of things I am interested in looking at (which 
>      I won't go in to here), are best studied from a qualitative 
>      perspective.  Yet, a concern I have is that if an outside person (such 
>      as a victim's attorney) were to learn of the existence of the 
>      interviews they could technically subpoena the material for use in a 
>      civil case.

Make it clear in your consent.

>         A related dilemma I have is that, as a social worker, I am a 
>      mandated reporter.  I take my responsibility to protect victims very 
>      seriously, but I also believe that in order for us to continue to 
>      expand our understanding of interpersonal violence, we need to gather 
>      in-depth information from offenders.  This means gathering information 
>      on the entire range and history of their offending behavior.  
>      Offenders are not likely to give this depth of information without 
>      assurances of confidentiality.  However, if they are given these 
>      assurances, they may disclose past or ongoing abuse that no action 
>      could be taken to address.  This is a very difficult dilemma for me.
>         I would appreciate any thoughts, insights, or past experiences with 
>      human subjects approval for this kind of work that any of you can 
>      provide.


There is a waiver that you can get from NIH which "insures"
confidentiality, but I don't know that much about it.  

Providing more info on what you want to know, may also allow you to
develop creative ways to address theses issues.

Good luck,

Bill

****************************************************************************
W.F. (Bill) Northey, Jr. Ph.D.                   
Assistant Professor                               
Johnston Hall                                   "I spent a week there     
Department of Family and Consumer Sciences          one afternoon."
Bowling Green State University                                    
Bowling Green, OH 43403                           Harry Chapin       
(419)372-7848 Voice                                 "A Better Place to Be"
(419)372-7854 FAX
NORTHEY@BGNET.BGSU.EDU
****************************************************************************