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Limiting the Psychotherapist-Patient Privilege: The Therapeutic Potential

NCJ Number
132571
Journal
Criminal Law Bulletin Volume: 27 Issue: 5 Dated: (September-October 1991) Pages: 415-433
Author(s)
J A Klotz
Date Published
1991
Length
19 pages
Annotation
The author first explores the law of the psychotherapist-patient privilege along with the traditional rationale for the privilege.
Abstract
The results of studies challenging the assumptions upon which the privilege rests are summarized. Finally, the potential therapeutic advantages of the elimination of the absolute psychotherapist-patient privilege are explored. The author suggests that the absence of an absolute privilege might in fact prevent harmful behavior. Those patients who communicate to their therapists the desire or intent, for example, to commit a crime, might not act on their urges for fear of disclosure of the communication in a future criminal proceeding. 68 footnotes (Publisher abstract)