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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]
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 ...
In United States law, confessional privilege is a rule of evidence that forbids the inquiry into the content or even existence of certain communications between clergy and church members. It grows out of the common law and statutory enactments which may vary between jurisdictions.
In the canon law of the Catholic Church, ecclesiastical privileges are the privileges enjoyed by the clergy. Their scope varied over time. [1] The main privileges are: [1] Privilegium canonis, regarding personal inviolability against malicious injury; Privilegium fori, regarding a special tribunal in civil and criminal causes before an ...
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 ...
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 ...
In the law of evidence, a privilege is a rule of evidence that allows the holder of the privilege to refuse to disclose information or provide evidence about a certain subject or to bar such evidence from being disclosed or used in a judicial or other proceeding.