In a criminal case, is a witness entitled to an in camera review of his psychotherapist's records?

California, United States of America


The following excerpt is from People v. Pack, 194 Cal.App.3d 1512, 240 Cal.Rptr. 367 (Cal. App. 1987):

We decline to review privileged psychotherapeutic records upon such a minimal showing. A person's credibility is not in question merely because he or she is receiving treatment for a mental health problem. To subject every witness in a criminal prosecution to an in camera review of their psychotherapist's records would be the invasion of privacy which the psychotherapist-patient privilege is intended to prevent. (People v. Stritzinger (1983) 34 Cal.3d 505, 511, 194 Cal.Rptr. 431, 668 P.2d 738; In Re Lifschutz (1970) 2 Cal.3d 415, 431-432, 85 Cal.Rptr. 829, 467 P.2d 557.)

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