NCJ Number
2077
Journal
Wisconsin Law Review Volume: 1971 Issue: 4 Dated: (1971) Pages: 1085-1148
Date Published
1971
Length
64 pages
Annotation
THE NATURE AND LEGAL RATIONALE OF THE CONFIDENTIAL RELATIONSHIP BETWEEN RESEARCHER AND HIS SUBJECT.
Abstract
THIS ARTICLE CONCENTRATES UPON THE PROBLEM OF THE CIRCUMSTANCES, IF ANY, SHOULD A RESEARCHER BE COMPELLED TO REVEAL CONFIDENTIAL INFORMATION ABOUT INDIVIDUALS IN HIS STUDY. IN ATTEMPTING TO ANSWER THIS RELATIVELY NARROW QUESTION, THE ARTICLE RAISES BROADER ISSUES SUCH AS THE PROPER RELATIONSHIP OF GOVERNMENT TO ITS CRITICS. THE NEED FOR PROTECTION IS DESCRIBED, OUTLINING THE TYPES OF CONFIDENTIAL INFORMATION COLLECTED AND THE POSSIBLE DEMANDS FOR SUCH INFORMATION. IN THE COURSE OF DESCRIBING THE COMPETING INTERESTS, THIS SECTION ALSO REVIEWS THE CURRENT STRATEGIES FOR PROTECTION - FOR EXAMPLE, RESEARCHER SELF-REGULATION, PROSECUTORIAL POLICIES, AND GOVERNMENTAL INTERVENTION. THE LEGAL RATIONALE FOR PROTECTING THE RESEARCHER-SUBJECT RELATIONSHIP ARE SUGGESTED - THE CONSTITUTIONAL DOCTRINES OF FREEDOM OF EXPRESSION, THE RIGHT OF PRIVACY, AND THE RIGHTS OF CRIMINAL DEFENDANTS. THIS PART CONCLUDES BY NOTING THAT A TESTIMONIAL PRIVILEGE WOULD BE THE BEST VEHICLE FOR PROTECTING THIS RELATIONSHIP FROM OUTSIDE DEMANDS. A DISCUSSION OF THE NATURE OF A TESTIMONIAL PRIVILEGE WHETHER THE PRIVILEGE SHOULD BE ABSOLUTE OR QUALIFIED, HOW THE PRIVILEGE WOULD BE ENFORCED, AND ITS RELATION TO REPORTING FUTURE CRIMES. (AUTHOR ABSTRACT MODIFIED)