Difference between revisions of "Priest-Penitent Privilege"
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== Background == | == Background == | ||
| − | The priest-penitent privilege | + | The priest-penitent privilege originated in pre-reformation England when courts began to recognize the traditional "Seal of Confession" established by the Roman Catholic Church in the fifth century A.D. The privilege permitted priests to refuse to disclose confidential confessional communications because disclosure could result in excommunication from the church. |
| − | However, even during this time the privilege was not absolute. In Garnet's case, a priest was tried and convicted for | + | However, even during this time the privilege was not absolute. In Garnet's case, a priest was tried and convicted for failing to disclose confessional communications relating to a plot to assassinate King James I with gunpowder. Some scholars have accepted this as proof that in treason cases, the government made an exception to the privilege. Subsequent to Garnet's case, the privilege was codified by the Anglican Church, although when the crime was very serious, an exception was made so that the receiver could be sentenced to death for failure to disclose the communication. |
| − | After the Protestant Reformation, which eliminated compulsory confession in the Anglican Church, the importance and recognition of the privilege began to fade. Today, this privilege is still not recognized in England, though several other countries in Europe | + | After the Protestant Reformation, which eliminated compulsory confession in the Anglican Church, the importance and recognition of the privilege began to fade. Today, this privilege is still not recognized in England, though several other countries in Europe recognize the privilege. |
| − | The first state to recognize the Priest-Penitent privilege by statute was New York. New York's statute originally provided that, "No minister of the gospel, or priest of any denomination whatsoever, shall be allowed to disclose any confessions made to him in his professional character, in the course of discipline enjoined by the rules of practice of such a denomination." | + | The first US state to recognize the Priest-Penitent privilege by statute was New York. New York's statute originally provided that, "No minister of the gospel, or priest of any denomination whatsoever, shall be allowed to disclose any confessions made to him in his professional character, in the course of discipline enjoined by the rules of practice of such a denomination." |
| − | Today, the | + | Today, the privilege is no longer exclusively extended to religious leaders of the Christian faith |
People v. Carmona is a typical case interpreting the priest-penitent privilege. In that case, the defendant sought reversal of his conviction for murder after the lower court refused to exclude statements he made to a clergyman. The court held that because the statements were made to a priest for the purposes of obtaining spiritual guidance they should have been excluded. The privilege can be interpreted very broadly. At least one New York court reached the conclusion that confidential communications made at an Alcoholics Anonymous meeting would qualify under this statute. The court reasoned that AA's 12 steps contained numerous religious references, the meetings opened with prayers and prior circuit precedent had held that AA was a religion for purposes of the Establishment clause. The case was eventually reversed, but only on the grounds that the defendant failed to prove that his statements were made for the purpose of obtaining spiritual guidance. | People v. Carmona is a typical case interpreting the priest-penitent privilege. In that case, the defendant sought reversal of his conviction for murder after the lower court refused to exclude statements he made to a clergyman. The court held that because the statements were made to a priest for the purposes of obtaining spiritual guidance they should have been excluded. The privilege can be interpreted very broadly. At least one New York court reached the conclusion that confidential communications made at an Alcoholics Anonymous meeting would qualify under this statute. The court reasoned that AA's 12 steps contained numerous religious references, the meetings opened with prayers and prior circuit precedent had held that AA was a religion for purposes of the Establishment clause. The case was eventually reversed, but only on the grounds that the defendant failed to prove that his statements were made for the purpose of obtaining spiritual guidance. | ||
| − | Currently all 50 states recognize the priest-penitent privilege by statute although many provide for special circumstances where the privilege is abrogated. For instance, in Massachusetts, Illinois, Mississippi, Colorado and New York, clergy members must report child abuse under existing statutory reporting schemes. Similarly, several states abrogate the privilege for cases of elder abuse. | + | Currently all 50 states recognize the priest-penitent privilege by statute although many provide for special circumstances where the privilege is abrogated. For instance, in Massachusetts, Illinois, Mississippi, Colorado and New York, clergy members must report child abuse under existing statutory reporting schemes. Similarly, several states abrogate the privilege for cases of elder abuse. |
== Priest-Penitent Privilege in Federal Court == | == Priest-Penitent Privilege in Federal Court == | ||
