Jump directly to the content

Confidential and Privileged Communications

A Georgia court ruled that statements made by a criminal suspect to his father (an ordained minister) were not protected by the clergy-penitent privilege.

Key point 3-07.4. In order for the clergy-penitent privilege to apply there must be a communication that is made to a minister acting in a professional capacity as a spiritual adviser.

The Clergy-Penitent Privilege

* A Georgia court ruled that statements made by a criminal suspect to his father (an ordained minister) were not protected by the clergy-penitent privilege and therefore a trial court properly allowed the father to testify concerning incriminating statements made to him by his son. A man (the "defendant') was prosecuted for several felony offenses arising from an armed home invasion. During the trial, the prosecutor subpoenaed the defendant's father because of statements the defendant had made to him admitting to his involvement in the crimes. The defendant's attorney objected to the father's testimony on the ground that he was an ordained minister, and therefore any statements ...

Join now to access this member-only content

Become a Member

Already a member? for full access.

Related Topics:
Posted:
  • January 1, 2004

Related ResourcesVisit Store

Using Social Media Safely
Using Social Media Safely
Policies to keep your church staff and members safe when using social media.
12 Law & Tax Guidelines for New Ministers
12 Law & Tax Guidelines for New Ministers
Essential knowledge to ensure legal and financial clarity and integrity in ministry.
Managing the Legal Risks of Lay Counseling
Managing the Legal Risks of Lay Counseling
Develop specific policies and procedures that protect your church, lay caregivers, and those who receive care.
Best Practices for Technology Usage
Best Practices for Technology Usage
Establish policies and best practices to govern the use of technology for church staff.