Consider an individual is arrested for murdering his neighbor. The suspect goes to his attorney and confesses every detail of the crime. At trial, the defendant’s attorney is called to the witness stand to testify about the conversation between the attorney and the defendant. There is no doubt if this were to play out that the defendant would be convicted and spend a lifetime in prison. So the question exist, is there really a need for privileged communication? Even though society wants the entire truth when a crime is committed, it does not override the absolute need for privileged communication. In the United States, the legal system operates on the basic theory that what a person says can be used against him or her (Hails 2012). The exception
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The information gathered during the time they were married is still considered privileged and cannot be used. However, any communication after the divorce is finalized can be used. The purpose behind the husband-wife privilege is to ensure either party does not damage the marital relationship. The physician-patient privilege first went into law in New York in 1828. The physician-client privilege is similar to the attorney-client privilege. Meaning, the physician cannot provide complete care for the patient unless he has the pertinent information. In order for this privilege to exist, the physician must be licensed. In Louisiana, physician-patient privilege only extends to criminal law, not civil (Bolin Jr., 1967). There are several exceptions to the physician-patient communication privilege:
• Driving under the influence test …show more content…
In addition, a number of states included psychiatrists in the physician-patient communication privilege. Although the psychiatrist-patient communication privilege needs to be in place to care for the clients, there are strong opponents to this provision.
The first challenged to the clergy-penitent communication privileged was in New York in 1813 (Yellin, 1983). The confidentiality of the Catholic confessionals developed the clergy-penitent and it slowly expanded from there (Hails, 2012). The clergy-penitent communication must be in a private setting and the clergy must be providing spiritual information. The privilege does not extend to clergy that are acting as marriage or family counselors, unless they are a licensed therapist. The unique thing about the clergy-penitent communication privilege is that either party can refuse the right to reveal what was
The information gathered during the time they were married is still considered privileged and cannot be used. However, any communication after the divorce is finalized can be used. The purpose behind the husband-wife privilege is to ensure either party does not damage the marital relationship. The physician-patient privilege first went into law in New York in 1828. The physician-client privilege is similar to the attorney-client privilege. Meaning, the physician cannot provide complete care for the patient unless he has the pertinent information. In order for this privilege to exist, the physician must be licensed. In Louisiana, physician-patient privilege only extends to criminal law, not civil (Bolin Jr., 1967). There are several exceptions to the physician-patient communication privilege:
• Driving under the influence test …show more content…
In addition, a number of states included psychiatrists in the physician-patient communication privilege. Although the psychiatrist-patient communication privilege needs to be in place to care for the clients, there are strong opponents to this provision.
The first challenged to the clergy-penitent communication privileged was in New York in 1813 (Yellin, 1983). The confidentiality of the Catholic confessionals developed the clergy-penitent and it slowly expanded from there (Hails, 2012). The clergy-penitent communication must be in a private setting and the clergy must be providing spiritual information. The privilege does not extend to clergy that are acting as marriage or family counselors, unless they are a licensed therapist. The unique thing about the clergy-penitent communication privilege is that either party can refuse the right to reveal what was