Widder, SASS #59054 Posted April 5, 2019 Share Posted April 5, 2019 A man goes to prison for Murder. He is given the 'death' sentence. Another man confesses to the Murder to his Psychiatrist, and the Psychiatrist is aware of the 'innocent' man in prison, waiting to be executed. QUESTION: Is the Psychiatrist bound to his oath of secrecy OR, is the Psychiatrist required to share his knowledge with others who can stop the execution of the innocent man? ..........Widder Link to comment Share on other sites More sharing options...
Hardpan Curmudgeon SASS #8967 Posted April 5, 2019 Share Posted April 5, 2019 Wow... Widder, I do believe you beat Alpo to the punch with this one! Link to comment Share on other sites More sharing options...
Hardpan Curmudgeon SASS #8967 Posted April 5, 2019 Share Posted April 5, 2019 Good question, though. Link to comment Share on other sites More sharing options...
Cactus Jack Calder Posted April 5, 2019 Share Posted April 5, 2019 The following is taken from NOLO an online legal advice site. It would seem to me that the patient meets the exception as his/her actions constitute a “risk of serious harm” to the prisoner on death row. If I Tell My Psychologist About a Crime I Committed, Can I Get in Trouble? Dangerous Patient Exception: Most states have an exception to the therapist-patient privilege for dangerous patients, often referred to as the Tarasoff duty. (Tarasoff v. Regents of Univ. of Cal., 17 Cal.3d 425 (1976).) Depending on the jurisdiction, the exception either allows or requires therapists to report statements by patients that indicate dangerousness. The law might, for instance, say that therapists must disclose statements when the patient presents a risk of serious harm to others and disclosure is necessary to prevent that harm. Link to comment Share on other sites More sharing options...
J. Mark Flint #31954 LIFE Posted April 5, 2019 Share Posted April 5, 2019 and the privilege varies from state to state, so the correct answer requires more facts before it can be ascertained Link to comment Share on other sites More sharing options...
Guest Texas jack Black SASS#9362 Posted April 5, 2019 Share Posted April 5, 2019 30 minutes ago, Widder, SASS #59054 said: A man goes to prison for Murder. He is given the 'death' sentence. Another man confesses to the Murder to his Psychiatrist, and the Psychiatrist is aware of the 'innocent' man in prison, waiting to be executed. QUESTION: Is the Psychiatrist bound to his oath of secrecy OR, is the Psychiatrist required to share his knowledge with others who can stop the execution of the innocent man? ..........Widder If in doubt I would ask, what would PERRY MASON do? Link to comment Share on other sites More sharing options...
Jabez Cowboy,SASS # 50129 Posted April 5, 2019 Share Posted April 5, 2019 Save the wrongly convicted Man's Life ,,,,,,,,,,,,,,,,, Good ole Perry.... Jabez Cowboy Link to comment Share on other sites More sharing options...
Wyatt Posted April 5, 2019 Share Posted April 5, 2019 What did your psychiatrist say? Link to comment Share on other sites More sharing options...
Widder, SASS #59054 Posted April 5, 2019 Author Share Posted April 5, 2019 Another thought: What if the patient is under some anesthesia and makes a 'self incriminating' statement in front of nurses and doctors similar to the confession I mentioned above? Would those medical professional be under the same type oath OR would being under anesthesia void any type statement (confession) and be inadmissible in court? P.S. - I been watching to much Perry Mason, Matlock and In The Heat Of The Night..... ..........Widder Link to comment Share on other sites More sharing options...
Widder, SASS #59054 Posted April 5, 2019 Author Share Posted April 5, 2019 7 minutes ago, Wyatt said: What did your psychiatrist say? He told me to stay in TN because there are a lot of crazies down in Florida..... ..........Widder Link to comment Share on other sites More sharing options...
Alpo Posted April 5, 2019 Share Posted April 5, 2019 2 hours ago, Widder, SASS #59054 said: A man goes to prison for Murder. He is given the 'death' sentence. Another man confesses to the Murder to his Psychiatrist, and the Psychiatrist is aware of the 'innocent' man in prison, waiting to be executed. QUESTION: Is the Psychiatrist bound to his oath of secrecy OR, is the Psychiatrist required to share his knowledge with others who can stop the execution of the innocent man? ..........Widder Congratulations Grasshopper. Now go pick up that pot of hot coals with your forearms, then stagger off in the snow. Link to comment Share on other sites More sharing options...
Allie Mo, SASS No. 25217 Posted April 5, 2019 Share Posted April 5, 2019 I would rather be prevented from practicing rather than allow an innocent person to die without revealing what I know that could save him or her. Link to comment Share on other sites More sharing options...
Tyrel Cody Posted April 5, 2019 Share Posted April 5, 2019 I would want to know if the "confessor" can prove it. Otherwise, it could be just to cast doubt on the convicted persons case to get them out of jail. Link to comment Share on other sites More sharing options...
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