THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, June 14, 1996 TAG: 9606140595
SECTION: FRONT PAGE: A4 EDITION: FINAL
SOURCE: THE WASHINGTON POST
DATELINE: WASHINGTON LENGTH: 41 lines
Communications between a psychotherapist and patient are confidential and need not be disclosed in federal trials, the Supreme Court ruled Thursday. The 7-to-2 decision emphasized that effective counseling depends on confidentiality and trust.
In a ruling recognizing contemporary society's reliance on therapy, the court said that conversations between a policewoman in suburban Chicago, who had shot and killed a suspect, and her therapist should be kept out of a civil-rights case brought by the victim's family.
``Like the spousal and attorney-client privileges, the psychotherapist-patient privilege is rooted in the imperative need for confidence and trust,'' Justice John Paul Stevens wrote for the majority, saying a patient must be ``willing to make a frank and complete disclosure of facts, emotions, memories and fears.'' He was joined by Justices Sandra Day O'Connor, Anthony M. Kennedy, David H. Souter, Clarence Thomas, Ruth Bader Ginsburg and Stephen G. Breyer.
Justice Antonin Scalia, who dissented, said that such encouragement of psychoanalytic counseling has a ``purchase price: occasional justice.'' He said reliable evidence would be kept from trial under the court's new rule.
``It is no small matter to say that, in some cases, our federal courts will be the tools of injustice rather than unearth the truth where it is available to be found,'' Scalia wrote in a portion of his dissent that was signed by Chief Justice William H. Rehnquist.
The court said the psychiatric privilege extends to confidential communications with licensed social workers. Experts said social workers are more readily affordable and more available.
The American Psychological Association and other mental-health groups hailed the ruling, as did the National Association of Police Organizations.
KEYWORDS: U.S. SUPREME COURT RULING
CONFIDENTIALITY by CNB