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NCJ Number: 171315 Find in a Library
Title: Jaffee v. Redmond: Making the Courts a Tool of Injustice?
Journal: Journal of the American Academy of Psychiatry and the Law  Volume:25  Issue:3  Dated:(1997)  Pages:383-389
Author(s): K W Chan
Date Published: 1997
Page Count: 7
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
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
Main Term(s): Courts
Index Term(s): Federal courts; Judicial decisions; Marital privilege; Privileged communications; Psychotherapy; Rules of evidence; Testimony; Trial procedures; US Supreme Court decisions
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