Mental Health and Criminal History Off Limits for Some

Posted By Kerrisa Chelkowski || 24-Apr-2013

In the wake of the Long Star College Cy-Fair campus multiple stabbing incident, there has been questions about why students are not screened before admittance. According to KVUE, the answer is simple: it’s illegal.

In the state of Texas the law states that public institutions, such as schools, do not have the legal right to question whether a prospective or current student has a history of mental health issues or a record of criminal activity. Furthermore, the law states that a mental health professional does not have the duty to forewarn law enforcement, or anyone else of impending danger. If there is a case of clear threat or imminent danger, then the disclose would be justified. If not, medical records are fully protected from disclosure.

Researchers and professionals state that even in the case of mental health patients that may have a violent history, it is difficult to determine future threat of violence. It is especially hard to determine in cases where there is not a violent past. Even past the issue of privacy, it is difficult to determine the chance of violence if a mentally ill individual is at risk if that person never seeks out any mental health treatment in the first place. Studies have shown that as much as 80 percent of people never get the treatment that they need.

If you or a loved one find yourself being charged with a crime of violence, a competent and aggressive Texas criminal defense attorney is an integral part of representing your case in the court of law. Your attorney can effectively assess your case and determine the best angle to be sure that your rights and interests are properly protected. It is important to seek representation, even before being questioned by law enforcement to ensure that you do not incriminate yourself.

Categories: Criminal Defense

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