Privileges Flashcards
What is protected under PFRE 504 - Psychotherapist Privilege?
Confidential communications between a licensed psychotherapist and her patients in the course of diagnosis or treatment are protected from compelled disclosure.
This also applies to licensed social workers.
What is the dangerous patients exception used in some jurisdictions?
A serious threat of harm to the patient or to others may be grounds for breach of the privilege.
When is a communication confidential under PFRE 504- Psychotherapists Privilege?
A communication is confidential if not intended to be disclosed to third persons other than those present to further patient interests.
Is there a physician-patient privilege?
No. Treatment by a physician can succeed based upon only a physical exam with objective information and tests. There is no need for a deep trust and clear lines of communication.
What is the Crime-Fraud Exception to the Attorney-Client Privilege in PFRE 503(d)(1)?
If the services were sought to enable or aid the planning or commission of what the client knew or reasonable should have known to be a crime or fraud, the privilege does not apply.
What does Model Rules of Professional Conduct 1.6(b)(1) allow in regards to attorney-client privilege being waived?
A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonable believes necessary to prevent reasonably certain death or substantially bodily harm.
What are the two types of spousal privileges?
1) The Spousal Testimonial Privilege;
2) Confidential Marital Communications.
What does the Spousal Testimonial Privilege allow?
In a criminal case, a married person whose spouse is the defendant may not be called to testify against the spouse at trial or in grand jury proceedings in which the spouse is a target.
In this case, the non-target spouse may waive the privilege and testify and the defendant spouse cannot stop them. Also, this privilege only applies to what occurred during the marriage, divorce will end the privilege though. But, as long as a valid marriage license exists, the privilege may be asserted for events that occurred prior to the marriage.
What is required for the Confidential Marital Communications Privilege to apply?
In a civil or criminal case, either spouse even if neither is party in the litigation, may refuse to disclose or prevent the other from disclosing a communication made during the marriage.
Divorce will not terminate the privilege, but if the communication is made in the presence of someone outside the marriage, the privilege does not apply.
This does not cover pre-marital communications but it will cover all types of communications, even non-verbal.
