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J Am Acad Psychiatry Law 33:4:484-495 (2005)
Copyright © 2005 by the American Academy of Psychiatry and the Law.
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REGULAR ARTICLE

Violent Fantasy, Dangerousness, and the Duty to Warn and Protect

David M. Gellerman, MD, PhD and Robert Suddath, MD

Dr. Gellerman is Attending Psychiatrist, Mental Health Consultation-Liaison Service, Sacramento VA Medical Center, and Assistant Clinical Professor, Department of Psychiatry, University of California at Davis, Sacramento, CA; Dr. Suddath is Assistant Professor, Department of Psychiatry, University of California at Los Angeles, Los Angeles, CA. Address correspondence to: David M. Gellerman, MD, PhD, VA Northern California Health Care System, 10633 Grissom Road, Building 2880, Mather, CA 95655. E-mail: david.gellerman{at}med.va.gov

An evaluation of homicidal ideation is a routine component of a mental status examination and may be evaluated in more depth in forensic evaluations as a dangerousness risk assessment. The evaluation of dangerousness often includes asking about violent fantasies that may have physical or sexual content. The authors examine the circumstances in which the revelation of violent fantasies to a mental health professional may trigger a duty to warn or protect third parties. Legal cases in which violent fantasies were considered in the context of assessing potential dangerousness are reviewed. The research literature on homicidal and sexually violent fantasies in both non-incarcerated and offender populations is examined. No consistent predictive relationship between violent fantasies and criminally dangerous behavior is reported in the available scientific literature. The authors suggest factors that mental health professionals may consider when assessing whether a particular violent fantasy indicates that a patient's thoughts could give rise to a duty.




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