Therapists' obligations to report their patients' criminal acts

The law governing the obligation of therapists to report their patients' previous criminal acts was reviewed. Most often, discussions of this subject fall under the general category of "misprison of a felony," that is, the presumed general obligation of all citizens to report felonies that come to their attention. Review of federal law revealed that the courts have consistently interpreted the federal misprision statute as requiring active concealment of a crime, not a mere failure to report, in order to convict for the offense. State law is more diverse. Only one state has a general misprison statute labeled as such, and several states have recently repealed such statutes. The strong trend in states without statutes is to reject misprison as a common law crime, because of its incompatibility with modern notions of justice. Most states, however, have limited reporting statutes, such as for child abuse or gunshot wounds, that impose similar obligations. Therapists' reporting of past crimes may be affected by clinical and ethical concerns, as well as by obligations to protect future victims. In almost all jurisdictions, however, the fear of prosecution for failure to report a past crime should not be a factor in deciding on a course of action.     

Book reviews

Handbook of Legal Information Retrieval Edited by J Bing, Norwegian Research Centre for Computers and Law, Oslo, in co‐operation with T Fjeldvig, T Harvold and R Svoboda North‐Holland 1984, US $96.25

Information Technology: The Challenge to Copyright. James Lahore, Gerald Dworkin and Yvonne Smyth Sweet & Maxwell and The Centre for Commercial Law Studies 1984, £12.00

Data Processing and the Law Edited by Colin Campbell Sweet and Maxwell 1984, £20.00

Le droit des Contrats Informatiques — Principes — Applications Centre de Recherches informatique et droit des Facultes Universitaires de Namur Maison Ferdinand Larder (Brussels), 1983, 45 FB

Computer Insecurity Adrian R.D. Norman Chapman and Hall 1983, £14.95

The Data Protection Act Richard Sizer and Philip Newman Gower Publishing, 1984, £16.95

The Data Protection Act 1984 Professor Bryan Niblett Oyez Longman Publishing, 1984, £18.00

The Data Protection Act 1984 — A Guide to the New Legislation J. A. L. Sterling CCH Editions, 1984, £15.00

Privacy and Data Protection — An International Bibliography Professor David H. Flaherty Mansell Publishing, 1984, £23.50

Computer Contracts R Morgan & G Stedman Oyez Longman Publishing 1984, 2nd Edition, £27.50

Computer Contracts Handbook Michele Rennie Sweet & Maxwell 1984, £15.00

Computer Contracts — An International Guide to Agreements and Software Protection Hilary Pearson Financial training 1984, £14.95     

Practitioner fraud and abuse in medical benefit programs: government regulation and professional white-collar crime

Physicians who defraud and abuse medical benefit programs provide a unique group of lawbreakers for scientific study. They could be considered to epitomize white collar criminals given their exceedingly high socioeconomic status and power as a professional group. Using official reports and documents, as well as interviews with enforcement and program personnel at both state and federal levels, this study examines the problem of physician fraud and abuse in Medicare and Medicaid. Major areas relevant to understanding this phenomenon and its control are presented and policy implications of present knowledge in the area are discussed.     

Spleen and portal lymphnode pathology in fatal drug addiction

Spleen and portal lymphnode sections from 86 drug addicts submitted for medico-legal autopsy at the Institute of Forensic Medicine in Copenhagen in the year 1979 were studied together with tissue sections from 24 "normal" persons. In 70% of the drug addicts the spleen weight was more than 200 g, and in 71% portal lymphnode hyperplasia was found. Birefringent foreign material was found in spleen tissue of drug addicts in 72% and in portal lymphnode tissue in 44%. Signs of antigen stimulation in both spleen and portal lymphnode tissue evaluated by the number of germinal centre and plasma cells were found in more than 80% of the drug addicts compared with about 20% of the "normal" persons. The results were related to anamnestic information of duration of drug abuse, to the spleen weight, to the occurrence of birefringent material and to the liver changes. Examination of lysozyme and immunoglobulin containing cells using the indirect preoxidase technique was performed in a total of 72 cases of spleen tissue, 59 cases of portal lymphnode tissue from drug addicts, 24 cases of spleen tissue and 18 of portal lymphnode tissue from "normal" persons. Lysozyme, IgM and IgG containing cells were found significantly more often among drug addicts than "normal" persons. The results indicate that the splenomegalia and the portal lymphnode hyperplasia often found in drug addicts are caused by continuous antigen stimulation due to repeated injections of various antigens.