Difference between revisions of "Priest-Penitent Privilege"
From Criminal Defense Wiki
Jump to navigationJump to search| Line 18: | Line 18: | ||
Not all communications between priests and penitent create the privilege. Although the rule varies from jurisdiction to jurisdiction the following elements generally apply: | Not all communications between priests and penitent create the privilege. Although the rule varies from jurisdiction to jurisdiction the following elements generally apply: | ||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | If the | + | #'''communications''' |
| + | #'''confidentially''' made | ||
| + | #to a '''minister''' | ||
| + | #'''acting in his or her professional capacity as a spiritual adviser.''' | ||
| + | #Some states have added a fifth prong, that the confidential communication must be delivered '''"in the course of discipline."''' | ||
| + | |||
| + | If the communication fails to include any one of these elements, the privilege does not exist. | ||
As a general rule, the privilege may be claimed by the person, by his guardian or conservator, or by his personal representative if he is deceased. | As a general rule, the privilege may be claimed by the person, by his guardian or conservator, or by his personal representative if he is deceased. | ||
