What's up doc? Jaffee v. Redmond and the psychotherapeutic privilege in criminal justice

Toward a New Methodology for Legal Research in Criminal Justice

“…The definition used by social scientists may possibly fall under the concept of "social science legal studies" but not legal research. When researching a legal question, a legal practitioner or a law student may supplement legal research with other types of research, such as factual research, which includes research on medical and expert opinion (Colledge et al 2000) and research on appropriate forms of evidence to be presented during trial (Feinberg and Schervish 1986). Other fact-finding methods and social science studies can either clarify the effects of legal concepts or explain legal concepts in terms that can be understood by people outside of the legal profession (Leiber and Johnson 2008).…”

“…Kappeler and del Carmen (1990) focused on the legal outcomes of drunken driving. Colledge et al (2000) wrote about psychotherapeutic privilege in criminal justice.…”

“…Criminal justice-based research has benefitted from solid scholarly legal research designed to shed light on issues from a legal perspective. Rigorous legal research combined with a social science approach has yielded powerful scholarship (Colledge, Zeigler, Hemmens, and Hodge 2000;del Carmen 1991;Kraska and Kappeler 1995;Vaughn 1999).…”