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Widder, SASS #59054

Oath responsibilities

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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

 

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Wow... Widder, I do believe you beat Alpo to the punch with this one!  :lol:

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Good question, though.  :)

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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.

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Guest Texas jack Black SASS#9362
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? :D :FlagAm:

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Save the wrongly convicted Man's Life ,,,,,,,,,,,,,,,,, Good ole Perry....

 

Jabez Cowboy

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 What did your psychiatrist say? :lol:

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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

 

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7 minutes ago, Wyatt said:

 What did your psychiatrist say? :lol:

 

He told me to stay in TN because there are a lot of crazies down in Florida..... :lol:

 

..........Widder

 

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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.

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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.

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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.

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