Confidentiality of Psychiatric Examinations in Criminal Cases

Abstract

This article covers the confidentiality of communications made to a psychotherapist and communications to a forensic examiner. Following an introduction distinguishing the two situations, there is a discussion of: (1) confidentiality when a plea of insanity is entered; (2) discovery by law-enforcement officials in non-insanity cases; and (3) discovery by the defendant. The use of search warrants is also discussed.