Privileges - Psychiatrist-patient

Jaffee v. Redmond, 518 U.S. 1 (1996)

The Supreme Court recognized a psychotherapist-patient privilege.

United States v. Ghane, 673 F.3d 771 (8th Cir. 2012)

In Jaffee v. Redmond, 518 U.S. 1 (1996), the Supreme Court recognized the psychotherapist-patient privilege. In this case, the court held that the defendant’s statements to an intake physician’s assistant were not covered by the privilege. However, later statements to a treating psychiatrist were privileged. The court rejected a “dangerous patient” exception to the privilege in the context of a criminal trial.

United States v. Chase, 340 F.3d 978 (9th Cir. 2003)

The defendant’s psychiatrist was permitted to testify about specific threats made by the defendant directed to specific people. However, it was error to permit the psychiatrist to testify about other matters revealed to her during therapeutic sessions. Harmless error.

United States v. Glass, 133 F.3d 1356 (10th Cir. 1998)

The defendant told his psychotherapist that he wanted to kill Bill Clinton and Hillary. Based on this statement, the government prosecuted him for threatening the life of the President. The Tenth Circuit held that using this statement violated the psychotherapist-patient privilege, because there was no finding by the trial court that the threat amounted to a serious threat of danger to the President, or that the psychotherapist's disclosure of the statement was the only way of averting the danger. Absent these findings, the privilege applied.