Difference between revisions of "Priest-Penitent Privilege"

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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.

Revision as of 19:32, 1 July 2010