Jaffee v. Redmond Case Brief Summary | Law Case Explained

testimonial privileges protect confidential communications from being used as evidence federal rule of evidence 501 governs privileges in federal courts well-recognized privileges include attorney-client and spousal privileges but what about communications that happened during psychotherapy in jaffe versus redmond the united states supreme court considered whether to recognize this privilege mary lou redmond a housing police officer responded to a call about a fight on the scene she saw ricky allen chasing another man with a butcher knife alan ignored redmond's command to drop the knife when according to redmond allen was about to stab the man he was chasing redmond shot alan who died at the scene subsequently redmond received mental health counseling from a clinical social worker about the incident jaffe representative of allen's estate sued redmond jaffe claimed that in shooting allen redmond used excessive force and thus violated allen's constitutional rights in pre-trial discovery jaffe sought the social workers counseling records to use to cross-examine redmond redmond refused to disclose them the trial judge instructed the jury that due to the non-disclosure the jury could presume the record's contents were unfavorable to redmond ultimately the jury found for jaffe on appeal the seventh circuit court of appeals reversed holding that under the reason and experience standard of federal rule of evidence 501 a psychotherapist patient privilege existed thus the trial court's instruction was erroneous because it allowed the jury to make a detrimental evidentiary inference on the basis of a protected privilege to resolve a circuit split the united states supreme court granted cert [Music] you

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Id: pOq_Uuu51ZM

Length: 2min 0sec (120 seconds)

Published: Mon Nov 23 2020