Difference between revisions of "Priest-Penitent Privilege"

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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.
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==Elements of the Privilege==
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Not all communications between priests and penitent create the privilege. Although the rule varies from jurisdiction to jurisdiction the following elements generally apply:
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Generally both parties hold this privilege. Thus, even if the confessor waives the privilege, the priest may still exercise the privilege in order to protect against testifying as to the confidential communications.
  
 
== Priest-Penitent Privilege in Federal Court ==
 
== Priest-Penitent Privilege in Federal Court ==

Revision as of 19:36, 1 July 2010