The Psychotherapist-Patient Privilege: The Perils of Recognizing a “Dangerous Patient” Exception in Criminal Trials
“For more than three centuries it has now been recognized as a fundamental maxim that the public . . . has a right to every man’s evidence.” Indeed, this principle illustrates one of the primary functions of the evidentiary rules system: to aid the truth-seeking process. However, another function of the rules of evidence is that of exclusion. Evidence that is unreliable or highly prejudicial will often be excluded from trial. Similarly, courts may also exclude evidence for the purpose of promoting extrinsic social policy. . . .
41 New Eng. L. Rev. 623