Discuss the "dangerous patient" exception. Pick either the Jaffee, Glass, or Menendez case and argue for or against the use of the "dangerous patient" exception in that circumstance

Question

What will be an ideal response?

Answer 1

This "dangerous patient" exception, which would remove protection of the patient's communications with a therapist from forced disclosure in open court, stems from the legal notion that psychotherapists have a "duty to protect" the community as well as the patients they serve. In Jaffee v. Redmond, the Court rejected a balancing test that would weigh the interests of justice against the patient's privacy interests, and argued that a privilege would hinder treatment. In the United States v. Glass the court ruled that if there was no alternative to reveal a danger to a third person, such information should be disclosed. In the Menendez case during a second trial tapes of the therapy of the brothers was allowed into evidence, despite the brothers not knowing that their sessions were being recorded, because the therapy records contributed to the determination of the dangerousness and the prevention of harm. Opinions on these rulings will vary.