Abstract
As rates of mass shootings continue to rise in the United States, the public and legislatures have searched for solutions to curb such violence. Many public officials have turned to mental health professionals’ duty to warn as a way to prevent acts of mass violence in the future. In light of the critical role mental health professionals play in preventing harm to the public, this Note addresses whether clearly defined duty-to-warn laws could help mental health professionals identify serious threats and interrupt acts of violence in the future. This Note explores the various types of duty-to-warn statutes across the United States and the judicial responses to the introduction of these laws. It also explores the practical problems inherent in the implementation of current duty-to-warn laws, highlighting that ambiguity in the laws arise from lack of clarity in the laws, conflicting duties imposed on therapists, and inexact science of predicting violence. Finally, this Note proposes a model statute designed to provide greater protection to the public, limit needless liability to therapists, and clarify the duty to warn in order to decrease the risk of unnecessary breaches of confidentiality.
Recommended Citation
Alexis M. Hulfachor,
A Comparative Analysis of Mental Health Professionals’ Duty to Warn Across the United States: The Need for Clearly Defined Laws in Light of Recent Mass Shootings,
48
S. Ill. U. L.J.
123
(2023).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol48/iss1/6