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14 Cards in this Set
- Front
- Back
EAP Exclusion |
MD 3060.2 |
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Clergy Penitent Privilege |
Protects contents of conf. comm. from being disclosed in judicial proceeding. Distinct from Confidentiality |
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Proceedings possibly excluding Privilege |
Grand Jury and Asmin Proceedings |
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Elements of Clergy-Penitent Privilege |
Communication In confidence To clergy Acting in capacity Demand for comm. To be divulged in court |
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Who holds privilege |
27 states - unclear 17 states - penitent 6 states - both |
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Privilege lawful basis |
1st Ammendment People vs. Phillips 1813 New York |
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Rule 501 General rule |
Parameters for court testimony Civil action limits covered by state law Reason and Experience Dec. 1, 2005 |
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Buttecali vs. US |
1942 Define minister |
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Jaffee vs. Redmond |
Phsycotherapist-patient privilege 1986 |
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Trammel vs. Us |
1980 Spousal testimonial privilege |
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Voids confidentiality |
Child-elder abuse Bodily harm Felony-criminal in nature Employee misconduct National security |
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Confidentiality |
Duty to not disclose to anyone the substance of communication made in confidence. |
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Difference between Confidential and Privileged Communication |
Privilege is specific to courtroom testimony |
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People vs. Smith |
Distinguish between official capacity and friend/advisor |