Confessions to clergy not always private in court proceedings

UNITED STATES
The State Journal

By Andrea Lannom

If a person confesses a crime to a member of the clergy, would it still be private?

According to some lawyers, it depends.

Ashley Pack, a member of Dinsmore & Shohl’s Charleston office said there is national debate whether clergy members should be required to disclose information if it pertains to certain crimes.

“There has also been a religious basis of ‘are you putting a legal obligation above a religious obligation,'” Pack said.

According to the FindLaw blog, confessor/clergy privilege began in the 1813 case of People v. Phillips, where a man was charged with trafficking stolen goods. Although the defendant confessed the crime to his priest, the court concluded that the priest could not be called in to testify.

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