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Breach of Confidentiality: The Legal Implications When You Are Seeking Therapy



Breach of Confidentiality: The Legal Implications When You Are Seeking Therapy

Abnormal Psychology 204 November 2, 1996

Breach of Confidentiality: The legal Implications when You are seeking Therapy I.
The need for confidentiality in therapy A.  Establish trust B.  A patients bill
of rights Thesis: The duty to warn has created an ethical dilemma for
psychological professionals. II.  Therapists face a moral problem B.
Requirement by law to breach confidentiality C.  Exceptions for breaching
confidentiality D.  Prediction of violence E.  Impact on client I.  The future
outlook for therapy A. Conflicting views between the legal and psychological
professions

People are afraid to admit to themselves and others that they need to help to
resolve their psychological problems. This is due to the social stigma which
society attaches to people,  when they seek assistance from a mental health
professional. Consequently it is very difficult for any person to establish a
trusting relationship with their therapist, because they fear, that the
therapist might reveal their most personal information and emotions to others.
Health professionals therefore created the patients bill of rights to install
confidence between clients and therapists. The patient has a right to every
consideration of privacy concerning his own medical care program. Case
discussion, consultation, examination, and treatment are confidential and should
be conducted discreetly. Those not directly involved in his care must have the
permission of the patient to be present. The patient has the right to expect
that all communications and records pertaining to his care should be treated as
confidential. ( Edge, 63 ) This bill of rights enables clients to disclose all
personal information without fears. To fully confide in the therapist is
essential to the success of the therapy. On the other hand, the therapist is
legally obliged to breach this trust when necessary. The duty to warn has
created an ethical dilemma for psychological professionals. The duty to warn is
based on a court ruling in 1974. Tatiana Tarasoff was killed by Prosenjit Poddar.
Prior to the killing Poddar had told his therapist that he would kill Tatiana
upon her return from Brazil. The psychologist tried to have Poddar committed,
but since the psychiatrist overseeing this case failed to take action, Poddar
was never committed nor was Tarasoff warned about Poddars intentions to kill her.
This failure resulted in Tatianas death. The Supreme Court therefore ruled that
the psychologist had a duty to warn people which could possibly become harmed (
Bourne, 195-196 ). This policy, to warn endangered people, insures that
therapists must breach there confidentiality for specific reasons only. These
few exceptions are:

       Harm Principle:

         "When the practitioner can foresee a danger to an individual who
         is outside the patient/provider relationship, potentially caused
         by the patient, the harm principle provides the rationale for
         breaching confidentiality to warn the vulnerable individua"
         ( Edge, 63 ).

         "When the client is a potential danger to himself or herself" (
         Bourne,487 ).

         "If the client is a criminal defendant and uses insanity as a
         defense ( Bourne, 487 )

         "If the client is underage and the therapist believes that he or
         she is the victim of a crime (such as child abuse)" ( Bourne, 487 ).

The breach for a clients insanity defense would have been helpful in deciding a
famous court case in 1843: the McNaghten's case. McNaghten used the insanity
defense, when he was faced with the charge of killing Sir Robert Peele's private
secretary. A jury had to decide, if he was conscious of the act or if he was
temporary insane ( McCarty, 299-300 ).  The jury clearly didn't have the
professional training to make a competent decision. How did they establish if
McNaghten knew right from wrong at the time of the crime? Therefore they were
incompetent when deciding that he, indeed, was temporarily insane. Now these
determinations are made by qualified mental health professionals. Nevertheless
other obstacles are still being encountered. In the beginning the law provides
clear guidelines when to breach confidentiality. The Harm Principle is one of
the guidelines. But how can a therapist absolutely determine, that a client
presents harm to another individual? To say that someone is dangerous is to
predict future behavior. The rarer an event, the harder it is to predict
accurately. Hence if dangerousness is defined as homicide or suicide, both of
which are rare events, the prediction of dangerousness will inevitably involve
many unjustified commitments as well as justified ones ( Alloy, 570 ). The
therapist must predict ... more

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Whats is Romantism in Music




Romantic: of, characterized by, or suggestive of an idealised, sentimental, or fantastic view of reality… concerned more with feeling and emotion than with form and aesthetic qualities.
The Concise Oxford Dictionary, Eighth edition, 1991.
The term romantic first appeared at sometime during the latter half of the 18th Century, meaning in quite literal English, “romance-like”, usually referring to the character of mythical medieval romances. The first significant jump was in literature, where writing became far more reliant on imagination and the freedom of thought and expression, in around 1750. Subsequent movements then began to follow in Music and Art, where the same kind of imagination and expression began to appear. In this essay I shall be discussing the effect that this movement had on music, the way it developed, and the impact that it had on the future development of western music.
Origins of Romanticism – a Revolt Against Classicism
In many respects, and with hindsight, it seems natural that the Romantic composers and writers would take a new direction in their approach to expression, reacting against the classical and neo-classical ideas of reason and order from the previous age. It was a revolt against classicism, and against the pre-prescribed rules that defined it. The main catalyst for this change was the French Revolution in 1789, where the French monarchy and aristocracy was overthrown by a rebellion of the people and France became a republic. This, in a musical sense, had an immediate impact on French opera, with the emphasis of the stories now beginning to be drawn into the present as opposed to the ancient world, and the old hierarchy of the Gods and feudal systems. The many social and political revolutions of the late 18th Century established new social orders and new ways of life and thought, and this materialised in the arts also, in music in particular by the addition of a new emotional depth to the classical forms of previous years.
The Classical Period had lasted from around 1750 – 1820, and was itself a revolt against the previous Baroque era. The arts moved away from the heavily ornamented styles of the Baroque to a cleaner, uncluttered style, thought to be reminiscent of Ancient Greece, and many people interested in music were now the aristocracy rather than the church or monarchy. The social upheavals of the latter part of this period challenged these ideas, and the Age of Reason became the age of the individual, and the beginnings of Romanticism, with its non-rational and disordered reasoning, became predominant.
Early Romanticism and the Influence of Beethoven
The Romantic age, although having been in the background in literature in particular since 1750, really began to evolve into mainstream music with the shockwaves caused by the French Revolution. Opera was immediately modernised in France – in particular a style later known as ‘Rescue Opera’, which typically depicted the capture of a heroine by an evil tyrant and then rescued gallantly by her lover. This genre showed the new way of thinking, that the evil was undone by human effort and not by the intervention of an almighty, superior being.
Ludwig van Beethoven, seen by many as a Classical composer, used the new romantic ideas in his own music. In 1805 he wrote his own Rescue Opera, Fidelio, and even embraced the new ideas in his symphonic music, as first illustrated in the 3rd Symphony, which was entitled the ‘Heroic Symphony’, or Sinfonia Eroica, taking on the romantic idea of individualism. In this also Beethoven starts to add new dimensions to the 18th Century symphony, such as experimenting with, and often ignoring, the sonata form that makes up the first movement, and also experimenting with emotion; ‘the social upheaval of the 2nd half of the Century can be traced in the Symphonies of Beethoven’ (Oxford History of Music). The famous 5th Symphony (1808) is said to portray an act of human defiance of Fate, showing that the music is now growing emotionally deeper, and the symphonic form is slightly disrupted by the linking of the 3rd and 4th movements. It also shows the increasing use of dynamics, which continued throughout the 19th Century to add emotion to the music. His cyclic 9th ... more

irrational thinking d hindsight is

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