Ninth Circuit Refuses to Recognize
?Dangerous Patient? Exception to Federal Psychotherapist-Patient Testimonial
Privilege
The Ninth Circuit of the U.S. Court of Appeals ruled that although
therapists have a duty to warn authorities about patients? threats to inflict
serious harm on others, this does not mean they may testify in subsequent
federal court proceedings about these statements. In this case, the defendant
suggested during therapy sessions that he might injure FBI agents and other
individuals. The psychotherapist alerted law enforcement personnel and, after
the psychotherapist testified at trial about the defendant?s threats, the
defendant was convicted of threatening to murder federal agents.
The Ninth Circuit held the psychotherapist?s testimony should not have been
admitted because the defendant?s conversations with her were protected by the
federal psychotherapist-patient testimonial privilege and refused to recognize a
?dangerous patient? exception to the federal psychotherapist-patient testimonial
privilege. The court determined that just because therapists have a duty to
warn authorities about patients? threats does not mean they may testify in court
proceedings about confidential statements made during therapy sessions. The
court reasoned that the urgency to act that creates a duty to warn will normally
have subsided by the time the case is brought to trial. The court concluded the
protection of society would increase only slightly by allowing this testimony
and it would not outweigh the harm done to the psychotherapist-patient
relationship. A dissenting opinion argued ?the social interest in assuring that
the judge and jury know the whole truth greatly exceeds the value of preserving
any remaining shreds of the confidential therapeutic relationship.? The Ninth
Circuit ruling is consistent with that of the Sixth Circuit but is contrary to
that of the Tenth Circuit. United States v. Chase, 340 F.3d 978 (9th Cir.
2003); 72(9) U.S. Law Week 1145-46 (Sept. 16, 2003).
http://psa-uny.org/jr/cases/chase2.htm