Legal Question in Criminal Law in California

I am currently doing research, for my doctoral dissertation, on ex-gang members. As this research involves interviewing them, I need to have IRB approval on the use of human subjects.

I was wondering what the mandated reporting obligations were for California, in the event that the interview participant admits to a future crime, or to harming themselves or others.

I'm aware of the reporting obligations in Ohio, where the dissertation is being written, but not sure about California, where most of the interviews will take place.

Thanks ahead of time!


Asked on 11/28/11, 10:50 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Depending on what your profession is, the general rule is that confidentiality must be preserved. The exception to this, however, is set forth by case law in California, in a landmark case called Tarasoff v. Regents of University of California. I suggest reading and being familiar with the opinion: http://www.publichealthlaw.net/Reader/docs/Tarasoff.pdf

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Answered on 11/28/11, 11:14 am


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