Case Scenarios

Question 1

Describe the case and the result of Elijah W. Versus superior court

Answer 1

Elijah W. was a child accused of a serious crime. An attorney hired a psychotherapist as an expert consultant for the criminal case to assist for the defense. The therapist suspected child abuse and sought to report child abuse under the child abuse and neglect reporting act (CANRA).

The issue was the therapist duty to report versus client attorney confidentiality. Or was is it therapist client confidentiality…

The Superior Court determined that the therapist could execute her due diligence by reporting suspected child abuse to the attorney, and it would be on his shoulders to protect the client, and do no harm to the client or others.

Question 2

Describe the Jaffe Case and it’s outcome

Answer 2

In the case of Jaffe vs Redmond (1996), The United States Supreme Court ruled that communications between licensed psychotherapists and their clients, in the course of diagnosis or treatment, are privileged and therefore protected from forced disclosure in cases arising under federal law. Justice John Paul Stevens states that “effective psychotherapy depends upon an atmosphere of confidence and trust in which the patient is willing to make frank and complete disclosure of facts, emotions, memories, and fears,” this extended the confidentiality privilege. This was brought to the Supreme Court because the former trial court had aired by refusing to afford protection to the confidential communications between Redmond and Beyer.