FBS Reponse Paper 3

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California State University, Fresno *

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153

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Psychology

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Dec 6, 2023

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pdf

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Uploaded by ProfManateeMaster456

Samantha Moua FBS 153: Psych of Crime Dr. Alan Azizian California State University Fresno

Tarasoff v. Regents of the University of California is a case in the United States that significantly impacted the legal and ethical responsibilities of mental health professionals, particularly concerning the duty to warn and protect potential victims of violent behavior by their patients. In 1969, Prosenjit Poddar, a University of California, Berkeley student, began therapy with psychologist Dr. Lawrence Moore. Poddar confided in Dr. Moore about his intention to harm Tatiana Tarasoff, a fellow student with whom he had become infatuated. Concerned about Poddar's mental state, Dr. Moore requested campus police to detain Poddar for evaluation. However, Poddar was released after a brief period and resumed therapy with a different psychologist. Despite Poddar’s continued expressions of violent intent towards Tatiana Tarasoff, the second psychologist did not inform the potential victim or her family about the threat. Tragically, Poddar carried out his threat and murdered Tatiana in 1970. Following this incident, the Tarasoff family filed a lawsuit against the university, arguing that the mental health professionals had a duty to warn Tatiana or her family about the danger posed by Poddar. The case went through several legal stages, ultimately reaching the California Supreme Court in 1976. Ultimately, the court established a duty called the Tarasoff Duty; this implies that mental health professionals have an obligation to protect individuals whom their patients specifically identify as potential victims of violence. This duty includes the responsibility to warn the potential victim or take other reasonable steps to prevent harm. The court established that when a therapist determines or reasonably should have determined that a patient poses a severe danger of violence to others, they must exercise reasonable care to protect the foreseeable victim. This decision marked a departure from traditional therapist-patient confidentiality, highlighting the importance of public safety.

The Tarasoff ruling had a lasting influence on the development of laws and ethical guidelines in many states, shaping the duty to warn and protect mental health. In cases of credible threats of harm from patients, mental health professionals are expected to balance maintaining confidentiality and protecting potential victims. The case has become a cornerstone in discussions about the delicate balance between patient confidentiality and the responsibility to prevent injury to others in the mental health context. My reaction to Dr. Lynne Fenton’s for not placing Holmes under involuntary psychiatric evaluation is not shocking but slightly concerning. I understand why she didn’t do it because she needed to conduct further research and have the BETA team help her investigate. She did not have plausible cause as to why she would put Holmes in a psychiatric evaluation. Due to this, Dr. Fenton received massive, threatening phone calls from people who blamed her for the deaths of those from the mass killing. This situation will serve as a lesson for everyone. You can never assume so quickly that people who say these things are kidding. Such light threats or any sort of concerning behavior that seems off needs to get help and be resolved quickly. This situation could’ve been avoided if he had been admitted for evaluation. Some considerations about what might have happened if Dr. Lynne Fenton had initiated psychiatric hospitalization for James Holmes would be evaluation/treatment, risk management, and community safety. Involuntary psychiatric hospitalization typically involves a thorough assessment of the individual's mental health status. If Holmes had been involuntarily hospitalized, mental health professionals would likely have assessed his condition, diagnosed any mental health disorders, and developed a treatment plan. The primary goal of psychiatric hospitalization in cases involving potential harm to self or others is to ensure the safety of the individual and those around them. Holmes would have been closely monitored, and

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interventions, such as medication and therapy, might have been implemented to address any identified mental health concerns. Initiating psychiatric hospitalization could have contributed to community safety by preventing potential harm that Holmes might have posed. The mental health system would have played a role in managing and mitigating the risks associated with his mental health. Preventing acts of violence or harm involves a collaborative effort from various stakeholders, including peers, family members, and campus professionals. While it's challenging to predict outcomes definitively, some potential steps or actions could have been taken to deter James Holmes from carrying out his plan. For example, peer observation & reporting would be helpful to implement educational programs that teach students about recognizing signs of distress and mental health issues. Reporting signs of potential harm to campus authorities or mental health professionals could’ve prevented Holmes from taking all those lives away. Another example I believe would have helped this situation is family involvement. Family involvement in the context of mental health and potential risk of harm plays a crucial role in providing support, understanding, and facilitating appropriate interventions. By encouraging families to maintain open lines of communication with their loved ones and being aware of changes in behavior or mental health, it could’ve been possible to deter James from the carnage. It's essential to recognize that predicting and preventing acts of violence is complex, and no single intervention can guarantee success. However, a comprehensive and collaborative approach that involves various stakeholders and promotes a supportive and informed community can contribute to a safer and healthier environment.

Denver7. (2015, June 16). Dr. Fenton explains why she could not have put James Holmes on a mental health hold [Video]. YouTube. https://www.youtube.com/watch?v=2LO21WBnEEs Tarasoff v. Regents of University of California - 17 Cal.3d 425 - Thu, 07/01/1976 | California Supreme Court Resources . (n.d.). https://scocal.stanford.edu/opinion/tarasoff-v-regents-university-california-30278 Understanding Colorado Mental Health ” M-1″ Holds – 27-65 101 – A Criminal Defense Perspective . (n.d.). Criminal Lawyer Colorado. https://www.criminal-lawyer-colorado.com/your-legal-rights/understanding-colorado-me ntal-health-m-1-holds-27-65-101-a-criminal-defense-perspective.html

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