Recent Developments in Mississippi Regarding Confidential and Privileged Communications

• Key point. In order for the clergy-penitent privilege to apply there must be a communication that is made to a minister.

The Mississippi Supreme Court ruled that a communication made by a prison inmate to a deacon was not protected by the clergy-penitent privilege. A murder suspect (the "defendant") was incarcerated in a county jail while awaiting trial. A church deacon regularly visited the jail, sometimes with his pastor, to provide spiritual assistance to the inmates. On one occasion, the deacon was meeting with several inmates and discussing their Christian duty to forgive in order to be forgiven. The defendant was listening to this discussion, and at one point asked the deacon to come and speak with him. He asked the deacon if one had to forgive someone who killed their mother or father. The deacon replied that one could not refuse to forgive another for anything and still claim ...