Management of threats of violence under California's duty-to-protect statute

McNiel, Dale E.; Binder, Renée L.; Fulton, F.M

doi:10.1016/s1353-1131(98)90145-6

Cited by 4 publications

(4 citation statements)

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“…We assume that we will have at least 10 000 individuals in each group, observed during at least a 6-month period falling after the intervention for Group 1 and before the intervention for Group 2. Our studies and others suggest that it is reasonable to assume a 6-month incidence of arrest for a firearm-related or violent offence (the primary outcome measure) of between 5% and 10% among persons with recent criminal convictions,2 17 DVROs31 or emergency psychiatric hospitalisation 11 12 32…”

Section: Methodsmentioning

confidence: 82%

Evaluation of California's Armed and Prohibited Persons System: study protocol for a cluster-randomised trial

et al. 2016

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Section: Methodsmentioning

confidence: 82%

Evaluation of California's Armed and Prohibited Persons System: study protocol for a cluster-randomised trial

et al. 2016

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“…For example, although California state law mandates that clinicians warn potential victims and a law enforcement agency of serious threats of physical violence, 11,12 data from San Francisco suggest that many therapists use involuntary civil commitment for patients who pose a threat. 13 This approach may be legally valid if the patient meets the criteria for civil commitment and the therapist determines that the patient no longer poses a threat of imminent violence after the commitment period. Perhaps these therapists pursue commitment because they see it as a more effective means of reducing a patient's risk than warning a potential victim.…”

Section: Discharging the Duty In States With Mandatory Statutesmentioning

confidence: 99%

The Tarasoff Rule: The Implications of Interstate Variation and Gaps in Professional Training

Johnson¹,

Persad²,

Sisti³

2019

FOC

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Recent events have revived questions about the circumstances that ought to trigger therapists' duty to warn or protect. There is extensive interstate variation in duty to warn or protect statutes enacted and rulings made in the wake of the California Tarasoff ruling. These duties may be codified in legislative statutes, established in common law through court rulings, or remain unspecified. Furthermore, the duty to warn or protect is not only variable between states but also has been dynamic across time. In this article, we review the implications of this variability and dynamism, focusing on three sets of questions: first, what legal and ethics-related challenges do therapists in each of the three broad categories of states (states that mandate therapists to warn or protect, states that permit therapists to breach confidentiality for warnings but have no mandate, and states that give no guidance) face in handling threats of violence? Second, what training do therapists and other professionals involved in handling violent threats receive, and is this training adequate for the task that these professionals are charged with? Third, how have recent court cases changed the scope of the duty? We conclude by pointing to gaps in the empirical and conceptual scholarship surrounding the duty to warn or protect.

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“…Fortunately, several good references are available on those topics. McNiel, Binder, and Fulton (1998) reviewed practical considerations when implementing a duty to warn or protect. Borum (2000) and Otto (2000) reviewed evaluation and patient management strategies for youth and outpatients, respectively.…”

Section: Wright State Universitymentioning

confidence: 99%

Faculty Forum

2004

Teaching of Psychology

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We surveyed recipients of Division Two's McKeachie Early Career Award, which is traditionally given to promising graduate student instructors of psychology. We found that most recipients work in academic settings after receiving the award. They have devoted the bulk of their academic careers to teaching and, to a lesser extent, research. Awardees' advice to graduate students and new faculty generally centered on viewing research and teaching as being compatible activities.

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Management of threats of violence under California's duty-to-protect statute

Cited by 4 publications

References 0 publications

Evaluation of California's Armed and Prohibited Persons System: study protocol for a cluster-randomised trial

Evaluation of California's Armed and Prohibited Persons System: study protocol for a cluster-randomised trial

The Tarasoff Rule: The Implications of Interstate Variation and Gaps in Professional Training

Faculty Forum

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