Why good men do nothing (con't.)
Quote:
Originally Posted by
Majormarginal
One of the points of the research mentioned is that people will disengage due to fear of embarrassment etc. I have observed that cops and soldiers will sometimes engage in a face to face confrontation fearing embarrassment if the don't.
My guess would be the indoctrination, training, discipline, and unit mentality helps soldiers/police overcome natural tendacies to not stick out from the group. What I found fascinating about the research is that it helps (at least helps me) to better understand why so many Iraqis did so little for so long. I used to bang my head against the wall wondering why it seemed many were apathetic. The current accepted theory of FM 3-24 suggest that the dependent variable to action is security. This research counters that to suggest there are many variables. That makes a bit more sense to me.
Stratfor analysis makes for interesting reading
Psychotherapist-patient privilege
MRE Rule 513. Psychotherapist-patient privilege, governs (snip from a 2 page rule)
Quote:
(a) General rule of privilege. A patient has a privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication made between the patient and a psychotherapist or an assistant to the psychotherapist, in a case arising under the UCMJ, if such communication was made for the purpose of facilitating diagnosis or treatment of the patient’s mental or emotional condition.
.....
(c) Who may claim the privilege. The privilege may be claimed by the patient or the guardian or conservator of the patient. A person who may claim the privilege may authorize trial counsel or defense counsel to claim the privilege on his or her behalf. The psychotherapist or assistant to the psychotherapist who received the communication may claim the privilege on behalf of the patient. The authority of such a psychotherapist, assistant, guardian, or conservator to so assert the privilege is presumed in the absence of evidence to the contrary.
Probably testimony as to a specific patient could be kept out, if that patient authorizes trial counsel (prosecutor) to assert the personal privilege.
But, what if the line of questioning never mentions the patients' names ? E.g., MAJ Hasan would you please relate to us, without mentioning names or any other details which would identify the patients, the 101 instances which caused you to form the belief that the armed conflicts in Astan and Iraq were immoral and illegal under the tenets of your religion and Sharia law, as well as the Hague and Geneva Conventions ?
I dunno; I suppose it would depend on the judge. The judge has vast discretion to enter protective (gag) orders, etc., as Boondoggle correctly says.
Regards
Mike