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question 5 (2.5 points) james is in court facing drug - related charges…

Question

question 5 (2.5 points)
james is in court facing drug - related charges and his therapist was subpoenaed to testify in court regarding any discriminating evidence concerning the case. his therapist came to court but refused to answer questions regarding the case or produce james’ records. which of the following legal concepts did the therapist use to protect himself from forced disclosure?
confidentiality
privileged communication
client privacy
taking the 5th amendment

Explanation:

Brief Explanations
  • Confidentiality: Refers to the general principle of keeping information private within a professional relationship. However, it doesn't have the same legal protection against forced disclosure in court as the correct concept.
  • Privileged communication: This is a legal concept that protects certain communications (like those between a therapist and a client) from being disclosed in court without the client's consent. The therapist can refuse to disclose such information based on this privilege.
  • Client privacy: A broad concept related to personal information, but not a specific legal concept that directly addresses protection from forced disclosure in a court - subpoena situation like privileged communication.
  • Taking the 5th amendment: This is a right against self - incrimination. The therapist is not protecting themselves from self - incrimination but rather protecting the client's communication.

Answer:

Privileged communication