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3 - Confidentiality and record keeping

from Section 1 - Principles of writing

Published online by Cambridge University Press:  07 September 2011

Alec Buchanan
Affiliation:
Yale University, Connecticut
Michael A. Norko
Affiliation:
Yale University, Connecticut
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Summary

This chapter discusses the major principles relating to confidentiality and record keeping as they apply to the preparation of psychiatric reports. During the course of a forensic evaluation it is likely that interviews with collateral sources will be part of the evaluation. There are several types of Tarasoff situations that can occur during forensic evaluations. Another confidentiality concern has arisen about the prosecution's ability to use defense experts if the defense declines, or is not planning to call that expert as a witness. The chapter discusses two additional areas that were not fully resolved by the Jaffee decision that affects forensic practice in military law and other waivers or exceptions to the privilege. The record also contains notes from the individual interviews conducted with the evaluee, collateral sources, and the final report. Several of the areas discussed with different rulings from the circuit courts seem ripe for Supreme Court attention.
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The Psychiatric Report
Principles and Practice of Forensic Writing
, pp. 35 - 55
Publisher: Cambridge University Press
Print publication year: 2011

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