NCJ Number
154208
Journal
Bulletin of the American Academy of Psychiatry and the Law Volume: 22 Issue: 1 Dated: (1994) Pages: 39-52
Date Published
1994
Length
14 pages
Annotation
Recent decisions by the U.S. and California State Supreme Courts have placed therapists in a position where they be forced to testify in capital cases for the sole purposes of achieving a conviction and a death penalty verdict.
Abstract
In California, therapists may be compelled to testify in these cases even where the defendant does not tender his mental state as an issue, with no regard for psychotherapist-patient privilege in criminal matters. Therapists wishing to treat potentially dangerous patients may be able to conduct treatment sessions under the umbrella of attorney-client privilege. Otherwise, they may face serious ethical problems and personal liability if the patient does commit murder during or after therapy and may be obliged to obtain truly informed consent to therapy when treating such patients. 31 references