Jaffee v. Redmond: making the courts a tool of injustice?
In July, 1996, the United States Supreme Court held in Jaffee v. Redmond that statements made to a psychotherapist are privileged communications in a federal action. Prior to Jaffee, the federal courts were not in agreement as to whether this privilege existed. The majority found strong public and private interests that were furthered by recognition of the privilege. The minority, however, reasoned that the "occasional injustices" due to the exclusion of evidence made the courts a tool of injustice. Although the privilege is now recognized in federal courts, its contours and exceptions remain to be decided on a case by case basis.
Chan
K W
KW
University of California-Los Angeles (UCLA)/San Fernando Valley Psychiatry Training Program, Sepulveda 91343, USA.
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