In which court case was it determined that a therapist could not be forced to testify about confidential communications in treatment settings? In
Jaffee v. Redmond
,’ the United States Supreme Court recognized a psychotherapist-patient privilege in federal common law.
In which legal case did the court maintain that communications between licensed psychotherapists and their patients are privileged and do not have to be disclosed in cases held in federal court?
In the landmark decision of
Jaffe v. Redmond
,11 the Supreme Court held that confidential communications between a licensed psychotherapist and her patients in the course of diagnosis or treatment are protected from compelled disclosure under FRE 501.
Can therapists testify?
Either side may call therapists to testify as a fact witness
or expert witness depending on the circumstances. … However, therapists can also be expert witnesses. This means that you may call your therapist or your child’s therapist to give his or her opinion on custody or visitation.
Can my therapist testify against me?
Licensed therapists are mandated reporters, so if issues involving suicide, homicide, the threat to harm yourself or others, or child or domestic abuse are disclosed in therapy, they are required to report them to the proper authorities and
may testify to them in court
.
Can therapist records be subpoenaed?
In California,
the therapist is duty bound to assert the privilege on behalf of the patient when served
with a subpoena for treatment records. … It is always important to make sure that the patient and the patient’s attorney are on the same page before releasing records pursuant to a subpoena.
Can what you say in therapy be used against you?
In almost every instance,
therapy is absolutely confidential
. You therapist is required to maintain confidentiality about everything said in sessions between the two of you, just like a doctor is required to keep your records private.
Do therapists go to court?
A therapist or counselor
must be prepared to testify in court or at a deposition
, under oath. Although some therapists and counselors may not like to testify, and may find it disruptive to their practices, there is sometimes no choice.
What should I not tell my therapist?
- “I feel like I’m talking too much.” Remember, this hour or two hours of time with your therapist is your time and your space. …
- “I’m the worst. …
- “I’m sorry for my emotions.” …
- “I always just talk about myself.” …
- “I can’t believe I told you that!” …
- “Therapy won’t work for me.”
Can I tell my therapist about illegal things?
Confidentiality with a therapist isn’t absolute. If you talk about illegal activities, child, domestic or elder abuse or neglect, or wanting to harm yourself or others,
the therapist may be obligated by law
(in the U.S.) to report you to the police.
Can I tell my therapist I killed someone?
Although therapists are bound to secrecy about past crimes, there is a fine line as to whether or not therapists must keep present or future crime secret. … If you admit to your therapist that you want to kill someone or do serious violence to them,
your therapist may need to disclose that information
.
Can a therapist ignore a subpoena?
While not all subpoenas are court orders,
nevertheless therapists should not ignore any subpoena
, regardless of who initiated it. … If privilege is asserted and/or disclosure of the records is disputed, the Court may hold a hearing where the litigants can make their arguments about whether the records must be disclosed.
What is the most difficult question for a forensic psychologist to answer correctly?
What is the MOST difficult question for a forensic psychologist to answer correctly? Was the defendant sane at the time of the crime? The current trend in legislation and treatment regarding people who commit sex crimes and are also mentally ill is to:
require both punishment for the crime and treatment
.
Do therapists have to tell parents about drug use?
“
The therapist is not obligated to tell your parents
, but they are mandated by law to report any suspected sexual abuse. Since the law specifically refers to ‘suspected,’ it is not up to the therapist to determine whether the abuse actually occurred. … Your parents are there to help!
Should you tell your therapist everything?
While every clinician will be different around how much they’re willing to self-disclose,
there’s no rule that
says you can’t ask about them. Some clinicians actually encourage it. There are clients who don’t want to know anything about their therapists. That’s absolutely fine!
