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4. The defendant's motion to prevent the nurse's testifying is likely to be
A defendant was prosecuted in federal court for making threats against the President of the United States. The defendant was a voluntary patient in a private psychiatric hospital and told a nurse, shortly before the President came to town, that the defendant planned to shoot the President. The nurse reported the threat to FBI agents.
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A is incorrect. Although the statement was made in a medical setting, the privilege only covers confidential communications between a licensed psychotherapist and her patients in the course of diagnosis or treatment. Not every statement in a medical setting is privileged, and the defendant's statement to the nurse was not a confidential communication made in the course of diagnosis or treatment.
B is incorrect. Whether or not the statement was made in confidence is not the legal standard to determine its admissibility. The statement was not subject to the privilege.
D is incorrect. Whether the defendant was there voluntarily or committed involuntarily has no relevance to the determination of whether the privilege applies.