1115

This was a trick question. The therapist may not assert the privilege. Only the patient may do so. There is no automatic presumption that the therapist is authorized to assert (or waive) the privilege. Only lawyers, who are hired to represent their clients, are presumed to speak for them.

Questions? Email tanford@indiana.edu, and refer to 1115.

Assume again that the prosecution calls the therapist and asks her, "What did the defendant tell you about his feelings of anger toward drug users?" and the defendant asserts the therapist-patient privilege. What argument can the prosecution make that the claim of privilege should be overruled?
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