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14 Cards in this Set

  • Front
  • Back

EAP Exclusion

MD 3060.2

Clergy Penitent Privilege

Protects contents of conf. comm. from being disclosed in judicial proceeding.


Distinct from Confidentiality

Proceedings possibly excluding Privilege

Grand Jury and Asmin Proceedings

Elements of Clergy-Penitent Privilege

Communication


In confidence


To clergy


Acting in capacity


Demand for comm. To be divulged in court

Who holds privilege

27 states - unclear


17 states - penitent


6 states - both

Privilege lawful basis

1st Ammendment


People vs. Phillips 1813 New York

Rule 501 General rule

Parameters for court testimony


Civil action limits covered by state law


Reason and Experience


Dec. 1, 2005

Buttecali vs. US

1942


Define minister

Jaffee vs. Redmond

Phsycotherapist-patient privilege


1986

Trammel vs. Us

1980


Spousal testimonial privilege

Voids confidentiality

Child-elder abuse


Bodily harm


Felony-criminal in nature


Employee misconduct


National security

Confidentiality

Duty to not disclose to anyone the substance of communication made in confidence.

Difference between Confidential and Privileged Communication

Privilege is specific to courtroom testimony

People vs. Smith

Distinguish between official capacity and friend/advisor