CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Psychotherapist-Patient Privilege
.........Exceptions
............Criminal Actions
 7 Cards On This Topic:
  • No privilege if psychotherapist appointed by court to examine patient; exceptions.
  • No privilege if services sought or obtained to enable or aid anyone to commit or plan to commit a crime or tort or to escape detection after commission.
  • No privilege in proceeding initiated at request of D in criminal action to determine D's sanity.
  • No privilege if patient under age of 16 and psychotherapist believes patient has been V of crime and that disclosure is in child's best interest.
  • Psychotherapist privilege may have to yield to Ds' confrontation rights; in camera review proper where need to review records shown.
  • Records of V's therapists protected by psychotherapist patient privilege; V's right to privacy outweighed D's confrontation rights; incorrect Reber review.
  • Cases weighing victim's right to privacy against defendant's constitutional rights in cases involving molestation of a minor.


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