Re: The clergy-penitent privilege and burdens on third parties

Richard's point is fair so let me provide some more context that perhaps would be helpful. Privileges are concoctions of positive law dealing w what information can be excluded in the judicial process. The confessional privilege is no different than the attorney client privilege or the

RE: The clergy-penitent privilege and burdens on third parties

I think the history of the privilege is that it was first protected for Catholics, because of its sacramental nature and the very strong teaching, and then extended to other faiths by analogy and to avoid what looked to some like denominational discrimination. I'm pretty sure about that

Re: The clergy-penitent privilege and burdens on third parties

I much appreciate Marci's comments. From the point of view of the free exercise of religion, the question for the believer, in my view, is what the effect of the revelation of confidential information is on the soul of the penitent, not what the legal consequences might be. Obviously the state

Re: The clergy-penitent privilege and burdens on third parties

In my view, there should be no privilege for criminal acts. Marci A. Hamilton Verkuil Chair in Public Law Benjamin N. Cardozo Law School Yeshiva University @Marci_Hamilton On Dec 7, 2013, at 12:12 PM, Richard Dougherty dou...@udallas.edu wrote: I much appreciate Marci's comments. From

RE: The clergy-penitent privilege and burdens on third parties

I am certainly drawn to be protective of religious acts essential to their faith. The problem, of course, comes with the radical pluralism of American religious life, and our (perhaps admirable) propensity to allow each individual more-or-less carte blanche (unless it involves smoking

RE: The clergy-penitent privilege and burdens on third parties

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Re: The clergy-penitent privilege and burdens on third parties

Apologies to all for the invitation that my (not-so-)Smartphone somehow just sent to the listserve for a non-existent event. Sent from my Verizon Wireless 4G LTE DROID Levinson, Sanford V slevin...@law.utexas.edu wrote: I am certainly drawn to be protective of religious acts “essential to

Canceled: RE: The clergy-penitent privilege and burdens on third parties

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Invitation: RE: The clergy-penitent privilege and burdens on third pa... @ Sat Dec 7, 2013 7:30pm - 8:30pm (Beth's calendar)

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