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Unread August 24th, 2004, 12:55 AM
Don H. Morris Don H. Morris is offline
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Join Date: Jul 2004
Posts: 3
Default Re: Abuse of counseling by sherrif

Hello,

On the face of it, it seems like mere sophistry to say that something is not true because a judge has not ruled on it, one way or the other. A medical finding from a pathologist is a piece of evidence, one that judges and juries often rely on.

In my view, the bigger question here appears to be whether a court-order client can be compelled to incriminate him/herself in a psychological interview (and whether admitting to an act consitutes self-incrimination). What are the limits of confidentiality that hold in a case like this? Is the psychologist likely to reveal the statement of the client to the judge (or be ordered to testify about such statements in court proceedings)? I am no expert in this area, but I would fear that this would be quite likely.

So this becomes a thorny issue indeed. What makes sense therapeutically (that is, in this case, to insist that a client deal with denial) may not make ANY sense at all legally (that is, insist that a client reveal information that may not be available to the prosecutor from any other source). Is this psychologist a forensic examiner or the client's personal therapist, with feduciary obligations to the client? It makes a difference.

This seems to be a "Catch 22" case for the client. He/she is made wrong, no matter what choice he/she makes about admitting to the abuse or alcoholism (or whatever other issue one could be in denial about).

I might say that a person who has committed a crime should confess and accept responsibility for those actions, no matter what the consequences. Yet compelling a person to do so is a violation of one of our most treasured constititutional rights, found in the 5th Amednment. I want to strenuoulsy uphold a citizen's right not to incriminate him/herself.

Dr. Reid, can you address the fornsic aspect of this thread? It seems dangeroulsy close to violating the primary rule of this forum (that is not to do or say anything that would interferee with the way a particular therapist deals with a client).

Just wondering.

Don
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