Privileged Communications by the Drug User in Federal Courts

Abstract

Recently, the Supreme Court of the United States has adopted rules of evidence which will govern the introduction of evidence in all federal courts. As prescribed by law, the rules now are in the hands of Congress, and awaiting their approval. Rule 504, The Psychotherapist-Patient Privilege, recognizes the drug user's dilemma; whether or not a drug user should seek treatment and risk criminal sanction for drug related activity. The Rule allows the patient and certain other persons the privilege to refuse to disclose his confidential communications with the psychotherapist made for the purposes of diagnosis or treatment of his mental or emotional condition, including drug addiction. Hopefully, this privilege will greatly reduce the fear of drug users who desire treatment and rehabilitation, but are faced with possible criminal sanctions and public reprisals.