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RECORDS ACCESS AND SUBJECT PARTICIPATION IN CRIMINAL JUSTICE RESEARCH - A PRELIMINARY CASE STUDY

NCJ Number
52537
Author(s)
F M GREGURAS; P K BRODER; J ZIMMERMAN
Date Published
1978
Length
59 pages
Annotation
A STUDY OF THE RELATIONSHIP BETWEEN SPECIFIC LEARNING DISABILITIES AND JUVENILE DELINQUENCY IS USED TO IDENTIFY AND DISCUSS THE HUMAN SUBJECTS PROTECTION ISSUES INVOLVED IN SOCIAL SCIENCE RESEARCH.
Abstract
THE CREIGHTON INSTITUTE AND THE ASSOCIATION FOR CHILDREN WITH LEARNING DISABILITIES ARE CONDUCTING A STUDY OF THE RELATIONSHIP BETWEEN SPECIFIC LEARNING DISABILITIES (LD) AND JUVENILE DELINQUENCY (JD). THE LD/JD STUDY, FOR THE PURPOSES OF THIS RESEARCH, IS CONSIDERED A MICROCOSM OF THE HUMAN SUBJECTS PROTECTION ISSUES THAT FACE SOCIAL SCIENCE RESEARCHERS, PARTICULARLY CONCERNING GATHERING AND MAINTAINING THE CONFIDENTIALITY OF SENSITIVE INFORMATION. THE LEGAL CONTROLS AFFECTING EXPERIMENTS WITH HUMAN SUBJECTS ARE DISCUSSED UNDER THE FOLLOWING CATEGORIES: JUVENILE JUSTICE SYSTEM RECORDS, EDUCATIONAL RECORDS, LAW ENFORCEMENT ASSISTANCE ADMINISTRATION CONTROLS ON SUBJECT AND INFORMATION USE, AND HEALTH, EDUCATION, AND WELFARE DEPARTMENT REGULATIONS. IT IS CONCLUDED FROM AN EXAMINATION OF THESE LEGAL CONTROLS THAT THE GREATEST DETERRENT TO RESEARCHERS IS THE TONE AND FOCUS OF FEDERAL AND STATE LAWS, WHOSE EMPHASIS ON PRIVACY AND THE PROTECTION OF OTHER INDIVIDUAL RIGHTS, WITHOUT A COMPARABLE PROMOTION OF RESEARCH UNDER PROPER CONDITIONS, EVOKES OVERREACTIONS RATHER THAN REASONED DECISIONS CONCERNING STUDY PARTICIPATION. THE SECTION ON NARRATIVE AND GENERALIZATIONS DISCUSSES THE FOLLOWING: PLANNING FOR AND MANAGEMENT OF HUMAN SUBJECTS PROTECTION; OBTAINING THE COOPERATION OF ORGANIZATIONS, RECORD SYSTEMS--STRUCTURE, LOCATION, AND CUSTODIANS, OBTAINING INFORMED CONSENT, INFORMATION TRANSFER AGREEMENT, INTERNAL SECURITY PRECAUTIONS, AND THE PRIVACY PROTECTION STUDY COMMISSION GUIDELINES AND RECOMMENDATIONS. IT IS SUGGESTED THAT THIS PAPER SHOULD FORM THE FOUNDATION FOR A MAJOR EMPIRICAL STUDY OF HOW INFORMED CONSENT PROCEDURES HAVE BEEN IMPLEMENTED AS PART OF A MAJOR RESEARCH PROJECT. SAMPLES OF LETTERS AND FORMS USED IN THE MANAGEMENT OF HUMAN SUBJECT PROTECTION ISSUES IN THE LD/JD STUDY ARE INCLUDED. (RCB)

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