This creates a window for defense lawyers to protect their clients. For example, a defense attorney may have evidence suppressed if it was obtained through a search warrant derived from inside information provided by a person to his or her religious leader. Creating an effective defense that protects the rights of the accused is especially important in cases of child abuse and sexual abuse, and Berry Law has been using the law since 1965 to defend its clients in serious crimes. If the information you have shared confidentially is shared with the police, leading to your arrest, Berry Law`s legal team may be able to assist you. Call today. This scene reflects other cultural references in which the relationship between an individual and his or her spiritual advisor is considered beyond the reach of the law. However, this relationship has been called into question as regulations impose a reporting requirement for certain crimes. What happens if a person confesses to a religious or spiritual advisor and the counsellor passes the information on to the police? Under federal law, priest-penitent privilege is a common law matter. Rule 506 was proposed as Federal Rule of Evidence 506, but was not ratified. In Trammel v.
United States, 445 U.S. 40, the Supreme Court referred to this privilege by stating: « These privileges are rooted in the imperative need for trust and trust. The priest-penitent privilege recognizes the human need to communicate to a spiritual advisor, in absolute confidentiality, what are considered erroneous actions or thoughts, and in return to receive priestly comfort and guidance. But can inside information lead to arrest? Under Neb. Rev. Stat. § 27-1101, which deals with the applicability of rules of evidence, the law provides that « the rules of privilege apply at all stages of all actions, affairs, and proceedings. » 27-1101(3). Further on, the law states: « The rules, with the exception of those relating to privileges, do not apply in the following situations. issue arrest warrants, subpoenas and search warrants. 27-1101(4)(b). This implies that privilege is always maintained in a way that prevents privileged information from becoming the impetus for an arrest, subpoena or warrant.
Given that priests and clergy are not on the list of obligatory rapporteurs and that the relationship between priest and penitent is not formally excluded in article 28-707, paragraph 2, it could reasonably be argued that an arrest resulting from a complaint filed by the Church with the police may have violated the defendant`s rights to protection under the privileged information premise. However, there is no case law on whether priests are explicitly considered obligatory rapporteurs. In an attempt to resolve the conflict between mandatory reporting and inside information, Neb. Rev. Article 28-707 (2) provides that in cases of child abuse, « legal privilege between the patient and the physician, between the client and the professional counsellor and between husband and wife shall not be excluded or refused to testify in a prosecution for violation of this article ». However, this clarification does not refer to the relationship between priest and penitent and is therefore not expressly applicable. On a large scale, communication between an individual and the clergy is considered privileged. According to Rev. Stat.
§ 27-506, a penitent may claim the privilege of preventing the priest from revealing information. However, this still needs to be done in the proper context. In Hills v. State, 61 Neb. 589 (1901), the Nebraska Supreme Court held: « To give a communication to a preacher of the gospel or to a priest who is privileged, it must have been received confidentially. We do not mean that it must be made under the express promise of secrecy, but rather that the communication was confidential and with the express or implied understanding that it should not be disclosed to anyone. The mere fact that a communication is made to a person who is a lawyer, doctor or priest does not in itself render that communication privileged. To achieve this effect, it must have been done in confidence in the relationship, and in such circumstances that it implies that it should forever remain a secret in the chest of the confidential advisor. Your email address will not be published. Required fields are marked with * In order to increase the number of cases of abuse, paragraph 1 of article 28-711 of Rev. Stat.
provides: « If a physician, medical institution, nurse, school employee, social worker, inspector general appointed under sections 43 to 4317 or any other person has reasonable grounds to believe that a child has been abused or neglected. The State party shall report the incident or arrange for a report of child abuse or neglect to be made to the appropriate law enforcement agency or department at the toll-free number referred to in paragraph 2 of this article. In the 1996 film Sleepers, a priest gives an alibi to a defendant accused of murder. The priest not only swears that he was with the accused at the time of the murder, but also presents stubs of tickets from the sporting event he allegedly attended with the accused. 2600 South First Street, Springfield, IL 62704, United States of America.