Question:

Confessional Privilege and trial proceedings?

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does confessional privilege hold up in a case of murder or something of that nature? (where the confessor states he intends to do harm or has caused harm) is the priest obligated to violate this confession confidentiality and report it to law enforcement and the intended victim (if known)

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  1. If the priest has a reasonable expectation that the penitent is going to cause someone harm, he can disclose it in order to protect the intended victim.

    Otherwise, he cannot be compelled to (and often, cannot voluntarily) disclose the statements made in confession.  Once the crime has been committed (i.e. no imminent threat) the privilege protects disclosure.


  2. well that is a different scenario than actual trial proceedings.  That is a before hand situation.

    Before hand i think that would be a battle for the priests own self.

    After, a priest or any religious clergy, has the priviledge of communication.  Unless the priviledge is waived by the defendant, the clergy would not be required to reveal the coversation.

    I believe there is a number of ways around that.

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