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Power imbalances in therapeutic and forensic relationships
Author(s) -
Perlin Michael L.
Publication year - 1991
Publication title -
behavioral sciences and the law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.649
H-Index - 74
eISSN - 1099-0798
pISSN - 0735-3936
DOI - 10.1002/bsl.2370090203
Subject(s) - dilemma , power (physics) , loyalty , psychology , dual (grammatical number) , order (exchange) , affect (linguistics) , computer security , forensic psychiatry , computer science , criminology , law , political science , psychiatry , business , epistemology , philosophy , physics , literature , communication , finance , quantum mechanics , art
This article examines the ways that power imbalances affect relationships in the forensic mental disability system and between therapists and their clients. It considers the impact of the “dual loyalty” dilemma on forensic relationships, the manner in which courts deal with this dilemma, and suggests several points of commonality that arise around such power conflicts. It also examines recent litigation involving therapeutic relationships, and attempts to extract doctrinal threads from these cases. Finally, it recommends that, in order for the judicial system to attempt to correct any of the underlying imbalances, courts and jurors must openly come to grips with the psycho‐dynamic issues that underlie these imbalances.