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Lingering Questions Of A Supreme Court Decision: The Confines Of The Psychotherapist-Patient Privilege, Jennifer L. Odrobina
Lingering Questions Of A Supreme Court Decision: The Confines Of The Psychotherapist-Patient Privilege, Jennifer L. Odrobina
Cleveland State Law Review
The United States Supreme Court "in light of [its] reason and experience"' has recognized a psychotherapist-patient privilege. The Court has, however, left lingering questions for the lower courts to determine regarding possible exceptions to the privilege. The lower courts have used their own reason and experience to develop exceptions to the privilege. Such exceptions include the crime-fraud exception, waiver exception, and the dangerous-patient exception. Inevitably other exceptions will follow. The Supreme Court should recognize a dangerous patient exception to the psychotherapist-patient privilege to allow a psychotherapist to testify in court when there is "a serious threat of harm to the …
Confidential Communications In The Correctional Halfway House Setting, Richard Kenney
Confidential Communications In The Correctional Halfway House Setting, Richard Kenney
Cleveland State Law Review
The author proposes that a legal testimonial privilege regarding confidential communications between the staff and residents of community-based correctional programs is necessary to insure the integrity of the therapeutic process and, ultimately, the success of the program itself. This note will examine the role of community-based correctional programs and the law in regard to testimonial privileges and will demonstrate that the extension of the privilege in this setting is legally appropriate.
Confidential Communications In The Correctional Halfway House Setting, Richard Kenney
Confidential Communications In The Correctional Halfway House Setting, Richard Kenney
Cleveland State Law Review
The author proposes that a legal testimonial privilege regarding confidential communications between the staff and residents of community-based correctional programs is necessary to insure the integrity of the therapeutic process and, ultimately, the success of the program itself. This note will examine the role of community-based correctional programs and the law in regard to testimonial privileges and will demonstrate that the extension of the privilege in this setting is legally appropriate.