Justice Scalias dissent

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Justice Scalia’s dissent in Jaffee v. Redmond The 1996 decision of Supreme Court’s in Jaffee v. Redmond RULED that communications within the relationship of psychotherapist-patient are privileged, other than it as well concurred that the privilege has wider scope. The preponderance issued these decisions above a Justice Scalia vigorous dissent. Justice Scalia blundered equally the majority’s recognition of a privilege of psychotherapist and its addition of the privilege to clinical licensed social workers. In this case, the defendant in the litigation, Mary Lu Redmond, Police officer, had retorted a call of “fight in action”. After the officer appeared at scene, she gunshot Ricky Allen to avert him from stabbing another person. Afterward Ricky Allen’s administrator of estate, Carrie Jaffee, took legal action against Redmond at a federal district court of Illinois contending that Redmond infringed constitutional rights of Allen.When Jaffee learned that Redmond had partaken in a few 50 sessions of counseling with a licensed social worker, Karen Beyer, concerning her actions, she wanted to acquire a copy of notes of Beyer. Jaffee sustained that this would allow her to question Redmond additional efficiently. In return to the request of discovery, Redmond asserted that the notes enclosed privileged communications. The trial judge declined to recognize the psychotherapist-patient privilege claim and neither Beyer nor Redmond, conform to his order to divulge the Beyer’s contents notes. At the conclusion of the trial the judge in his instructions to the jury, directed the jury that the rebuttal to yield notes of Beyer’s had no “lawful justification.” As a result, the instruction specified, the jury could deduce that the notes contents would have been adverse to Redmond. The jury granted Jaffee considerable monetary damages. The parties petitioned the rulings of judge’s, eventually to the Supreme Court of U.S., which basically would be making a decision whether federal courts must recognize a privilege of psychotherapist-patient relationship beneath the Federal Rules of Evidence and, if hence, what its extent must be. The Court was solicited whether that privilege widened as well to social workers. Jaffee was the primary U.S. Supreme Court case to examine the significance of Rule 501 as it was to pertain to relationship of psychotherapists and patients. By a majority of 7-2 the Court affirmed that federal courts were to recognize the statements privilege made to psychotherapists in confidence in course of a therapy. Arguing in dissent, Justice Scalia, acquire the position that any such privilege claim must be focus to analysis case-by-case basis by the trial judge. Additionally the Court apprehended that it did relate to licensed social workers statements. Such recognition by inference, would as well apply with reverence to statements made to any certified or licensed mental health provider.

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