Legal Question in Criminal Law in Texas

Rules of Evidence and Privileged Conversations

A psychologist's client confesses to a felony (murder or manslaughter) during a therapeutic conversation which would normally be considered privileged. What are the legal (not ethical) obligations of the psychologist regarding informing the authorities of his client's confession and alleged guilt. Would there be any exceptions to the rule depending on the ''counselor''s'' credentials, i.e., would a family therapist who is not a psychologist have different obligations? And last, does the defendent's right not to present evidence against himself enter into this at all?


Asked on 3/19/03, 3:52 pm

1 Answer from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: Rules of Evidence and Privileged Conversations

This is something which should be discussed in a private consultation with an attorney. Mental health professionals generally have an affirmative duty to disclose prospective crimes.

http://www.reasonable-doubt.com

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Answered on 3/19/03, 6:43 pm


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