Hard Cases: The “Duty to Warn” as a Felt Necessity of our Time

Abstract

Now in its second decade of existence, the psychotherapist's “duty to warn” is no longer a disreputable novelty. It is established law in an increasing number of jurisdictions, and equally important, it is believed to be law by most psychotherapists in most jurisdictions in the United States. This article asks why the duty to warn was created and why it thrives, relating the development of the phenomenon to social, psychological, and legal pressures felt by the judges who made the decisions.