The Tarasoff dilemma in criminal court.

Abstract:

:The duty to protect, or Tarasoff duty, has been conceptualized as arising solely in the context of a clinical setting. A recent California Supreme Court ruling in People v. Clark adds legal, clinical, and ethical dilemmas to the oftentimes contentious Tarasoff issue. Though the Tarasoff issue is but a minor legal point in Clark, a possible consequence of Clark is that a Tarasoff warning could be deemed nonconfidential and admissible in a criminal trial. Psychotherapists could therefore be testifying in criminal courts as prosecution witnesses. While the possibility of a chilling effect on patients' disclosure of violent ideation in the context of psychotherapy first caused apprehension after the California Supreme Court's 1976 decision in Tarasoff v. Regents of the University of California, this same Court's ruling in People v. Clark some 14 years later may ensure that this fear finally becomes realized.

journal_name

J Forensic Sci

authors

Leong GB,Eth S,Silva JA

subject

Has Abstract

pub_date

1991-05-01 00:00:00

pages

728-35

issue

3

eissn

0022-1198

issn

1556-4029

journal_volume

36

pub_type

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