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Confidential and Privileged Communications - Part 3

A Texas court, applying California law, ruled that the clergy-penitent privilege did not apply to a conversation between a murder suspect and a minister.

Key pointThe Clergy-Penitent Privilege In order for the clergy-penitent privilege to apply there must be a communication that is made in confidence. This generally means that there are no other persons present besides the minister and counselee who can overhear the communication, and that there is an expectation that the conversation will be kept secret.
Key pointThe Clergy-Penitent Privilege In some states the clergy-penitent privilege only applies to communications made to a minister in the course of "discipline." While most courts interpret this requirement broadly to cover statements made in the course of spiritual counsel and advice, others have interpreted it narrowly to apply only to confessions made to Catholic priests.

A Texas court, applying California law, ruled that the clergy-penitent privilege did not apply to a conversation between a murder suspect and a minister ...

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Posted:
  • July 2, 2001

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