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The clergy–penitent privilege, clergy privilege, confessional privilege, priest–penitent privilege, pastor–penitent privilege, clergyman–communicant privilege, or ecclesiastical privilege, is a rule of evidence that forbids judicial inquiry into certain communications (spoken or otherwise) between clergy and members of their congregation. [1]
Prior to the adoption of statutory protections, there was some protection under common law. New York: In People v. Phillips (1 Southwest L. J., 90), in the year 1813, the Court of General Sessions in New York recognized the privilege as in a decision rendered by De Witt Clinton, recognized the privilege as applying to Rev. Anthony Kohlmann, S.J., who refused to reveal in court information ...
Cadigan argued that the church interpreted the clergy-penitent privilege more broadly than the state legislature intended in the Adams case by applying it to others in the church, in addition to ...
Conflicts between a mandated reporter's duties and some privileged communication statutes are common but, in general, attorney–client privileges and clergy–penitent privileges are usually exempt from mandatory reporting. In some states in the US, Psychiatrist and PhD. psychologists are also exempt from mandatory reporting.
The measure extends to clergy members the same legal protections that exist for mandatory reporters of child abuse and neglect, such as doctors, teachers or therapists. It passed the Senate in a ...
It was a frigid Sunday evening at the Catholic Newman Center in Salt Lake City when the priest warned parishioners who had gathered after Mass that their right to private confessions was in jeopardy.
An earlier investigation by the AP revealed that more than half the states maintain the clergy-penitent privilege, which provides a loophole for clergy who are otherwise required to report child ...
In English law, the benefit of clergy (Law Latin: privilegium clericale) was originally a provision by which clergymen accused of a crime could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law. The ecclesiastical courts were generally seen as being more lenient ...