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Biomedical subjects

Paul B Herbert

Publications and source records attributed to Paul B Herbert.

7 recordsLinked to original sources

Psychotherapy as law enforcement.

Legal doctrines do not stand still, but instead evolve and tend to grow and to spawn what law school academicians fondly term progeny. Tarasoff is no exception. In an expanding list of court decisions, psychiatric patients are being convicted of crimes by virtue of actions by their psychiatrists or psychotherapists purportedly based on the duty to warn. One recent case has featured surreptitious evidence-gathering by a psychiatrist, the latest progeny of Tarasoff.

Confidentiality↗

Missouri overrules the United States Supreme Court on capital punishment for minors.

Under the U.S. Supreme Court's 1989 decision in Stanford v. Kentucky, the Eighth Amendment's cruel and unusual punishments clause does not shield minors 16 or 17 years of age from the death penalty. Holding, astonishingly, that Stanford is no longer the law of the land, the Missouri Supreme Court recently reversed the death sentence of a 17-year-old murderer in Simmons v. Roper. The U.S. Supreme Court has granted certiorari to consider whether Stanford survives its own burial by the state court.

Adolescent↗