Ethical Considerations
Holmes’ defense claimed that his notebook was protected by physician-patient privilege, but the prosecution argued that it should be trial evidence. “The big issues for the court to decide are whether or not a privileged relationship between psychiatrist and patient actually exists, whether anything the patient has done has waived that privilege and whether there is an exception,” said Patrick Furman, a law professor at the University of Colorado.” (Ingold, 2012) Holmes notebook detailed how he planned to kill people, included drawings, his reconnaissance of various sites, possible casualty counts, and police station locations. So, what rights did Holmes have regarding physician-patient privilege and was it ethical …show more content…
“In a Supreme Court of California case known as the Tarasoff case, a patient had confided with a psychiatrist that he had intentions of killing a girl he had been stalking. While the psychiatrist contacted the police about detaining his patient, he did not notify the woman herself, and she was later stabbed and killed by the patient.” (Ingold, 2012) Because of Holmes’ insanity defense, the notebook was used as evidence. According to a Colorado statute, once a defendant pleads insanity, any evidence related to mental illness would not be protected and covered under an evidence waiver. (Skillern, 2013) “Judge Carlos A. Samour ruled that any evidence pertaining to Holmes’ mental illness was no longer shielded by doctor-patient privilege now that the court has accepted the insanity plea. This includes the notebook, which defense attorney Daniel King argued was a unique piece of evidence that the prosecution shouldn’t see because Fenton herself hadn’t seen it, and it could have altered her opinion of Holmes’ mental health.” (Skillern, 2013) Holmes trial was highly publicized and debated, and in the end “Holmes was found guilty of all 165 charges against him, including the murder of 12 people.” (ABC News, 2015) Ultimately the ethical decision to release the was significant in this case, but with an insanity plea that then lead to additional considerations regarding Colorado’s laws
Holmes’ defense claimed that his notebook was protected by physician-patient privilege, but the prosecution argued that it should be trial evidence. “The big issues for the court to decide are whether or not a privileged relationship between psychiatrist and patient actually exists, whether anything the patient has done has waived that privilege and whether there is an exception,” said Patrick Furman, a law professor at the University of Colorado.” (Ingold, 2012) Holmes notebook detailed how he planned to kill people, included drawings, his reconnaissance of various sites, possible casualty counts, and police station locations. So, what rights did Holmes have regarding physician-patient privilege and was it ethical …show more content…
“In a Supreme Court of California case known as the Tarasoff case, a patient had confided with a psychiatrist that he had intentions of killing a girl he had been stalking. While the psychiatrist contacted the police about detaining his patient, he did not notify the woman herself, and she was later stabbed and killed by the patient.” (Ingold, 2012) Because of Holmes’ insanity defense, the notebook was used as evidence. According to a Colorado statute, once a defendant pleads insanity, any evidence related to mental illness would not be protected and covered under an evidence waiver. (Skillern, 2013) “Judge Carlos A. Samour ruled that any evidence pertaining to Holmes’ mental illness was no longer shielded by doctor-patient privilege now that the court has accepted the insanity plea. This includes the notebook, which defense attorney Daniel King argued was a unique piece of evidence that the prosecution shouldn’t see because Fenton herself hadn’t seen it, and it could have altered her opinion of Holmes’ mental health.” (Skillern, 2013) Holmes trial was highly publicized and debated, and in the end “Holmes was found guilty of all 165 charges against him, including the murder of 12 people.” (ABC News, 2015) Ultimately the ethical decision to release the was significant in this case, but with an insanity plea that then lead to additional considerations regarding Colorado’s laws