You will prepare and submit a term paper on Law School Open Memo. Your paper should be a minimum of 3000 words in length.

You will prepare and submit a term paper on Law School Open Memo. Your paper should be a minimum of 3000 words in length. robbery committed pursuant to the statute is twenty years, or 240 months. Id.

Testimony by Dr. Caffrey reveals that she had knowledge that there was a possibility of

forseeing the the robbery committed by Norwich. Additionally, the bank teller has stated

that she knew that the "gun" toted by Norwich was actually a toy gun. This

memorandum is respectfully submitted to address, the issue of psychologist privilege,

and the issue whether Norwich's use of a toy gun (as recognized by the victim, here the

bank teller) can be asserted so as to fail prosecution pursuant to 18 U.S.C. 2113 (a).

I.Background of The New York State and Federal Rule Pertaining to Privledge.

Federal law recognizes a privilege protecting confidential communications

between a psychotherapist and his or her patient. Jaffee v. Redmond, 518 U.S. 1, 10

(1996). Although common-law rulings may once have been primary source of new

developments in federal privilege law, that is no longer case. Fed.Rules Evid.Rule 501,

28 U.S.C.A. However before determining whether an exception is carved out, the Court

will look to the rules of evidence of a particular state, here, New York. Fed.Rules

Evid.Rule 501. 28 U.S.C.A.

The common law knew no privilege for confidential information imparted to a

physician. 8 Wigmore, Evidence 2380-2391 (McNaughton rev. 1961). When a

physician raised the question before Lord Mansfield whether he was required to disclose

professional confidences, the line was clearly drawn: "If a surgeon was voluntarily to

reveal these secrets, to be sure, he would be guilty of a breach of honor and of great

indiscretion.