NCJ Number
171315
Journal
Journal of the American Academy of Psychiatry and the Law Volume: 25 Issue: 3 Dated: (1997) Pages: 383-389
Date Published
1997
Length
7 pages
Annotation
This article examines the US Supreme Court decision that statements made to a psychotherapist during counseling sessions are privileged communications in a Federal civil action.
Abstract
The US Supreme Court, in deciding Jaffee v. Redmond, broadly interpreted Rule 501 of the Federal Rules of Evidence and created a Federal psychotherapist-patient privilege applicable in Federal question and diversity cases. While the 1996 decision recognized the psychotherapist-patient privilege in the Federal courts, much of the privilege remains to be delineated. As the Court itself noted, the contours and exceptions of the privilege will be decided on a case-by-case basis in the future. Inculpating evidence will doubtless be shielded by the psychotherapist-patient privilege, and the guilty or liable may not be held responsible. However, the occasional injustice is deemed less important than fostering and encouraging the relationship based on trust between psychotherapist and patient, similar to attorney-client, priest-penitent, and husband-wife relationships. Notes, references