Defining the Tarasoff Duty

Abstract

The Tarasoff duty has been controversial law partly because the duty is not clearly defined. Components of a clear definition include whether the duty exists in the specific state, to which relationships the duty applies, under what conditions the duty arises, how the duty may be discharged, and what uses can be made of confidential information when the duty arises. Within these components of the definition, key terms, including violence and the role of the police, are often not defined. Consistency in the duty's definition also requires distinguishing the cluster of concepts concerning the Tarasoff duty from the cluster concerning negligent release, a pre-Tarasoff legal tradition. A professional standard must be systematically distinguished from a lay standard. Legislatures offer greater opportunity to completely define the duty than do courts. Currently, no statute or any model law offers complete definition of all the components. However, Colorado law seems closest to clearly defining the duty.