Cheet Sheet: Jenkins v. Florida
AppellantJenkins
1974 Federal Privacy Act
-Restricts access to health check information and records
Jaffee v Redmond 518 US 1 - Supreme tourist court 1996
Background:
Mary Lu Redmond, a former practice of law officer, received extensive counseling from a licensed clinical accessible worker after she shot and killed Ricky Allen. Carrie Jaffee, special executive for Allen, filed suit in federal District judicatory alleging that Redmond had go against Allens constitutional rights by using excessive force in the encounter. During the trial, Jaffee sought access to the notes from Redmonds counseling. Redmonds counsel resisted asserting the conversations were protected against automatic disclosure by a clinical psychologist-patient privilege. The District Court enunciate rejected the argument, but the notes were not released. The judge instructed the jury that they could assume that the contents could have been unfavorable to Redmond. The jury awarded monetary damages. The Court of Appeals reversed the decision. It found that Federal Rule of Evidence 501 prompted the reference of a psychotherapist-patient privilege.
Ruling:
To the surprise of both participants in the slip and legal experts, in a very powerful septet to two decision, the Court govern that the communication of a psychotherapist-patient kindred is privileged under rule 501. The Court further ruled that the privilege should extend beyond the patients of psychiatrists and psychologists and should also include the patients of social workers.
Application:
The communication between a licensed psychotherapist and a patient is privileged and that the therapist cannot be compelled to unveil the content of such communication. Federal Rule of Evidence 501, which scarcely says that all privileges are governed by the principles of the common law . . . in the light of reason and experience, so confidential communications between a licensed psychotherapist and her patients in the course of diagnosing or...If you want to get a full essay, order it on our website: Orderessay
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