scholarly journals §5.31 Spousal Testimonial Privilege

2018 ◽  
Author(s):  
Christopher B. Mueller ◽  
Laird C. Kirkpatrick ◽  
Liesa Richter
Keyword(s):  
Testimonial Privilege

Confidentiality and Testimonial Privilege

2017 ◽  
Author(s):  
Robert Scott Johnson ◽  
Ronald Schouten
Keyword(s):  
Intimate Partner Violence ◽  
Child Abuse ◽  
Partner Violence ◽  
Elder Abuse ◽  
Civil Commitment ◽  
Intimate Partner ◽  
Third Parties ◽  
Mandated Reporting ◽  
Testimonial Privilege ◽  
Medicolegal Issues

This chapter describes the complex medicolegal issues surrounding the rules of confidentiality and privilege and their multiple exceptions. It lays out the underpinnings of confidentiality, then addresses its various exceptions, such as waiver, duty to protect third parties, civil commitment, and mandated reporting of child abuse, elder abuse, and intimate-partner violence. Psychotherapist–patient privilege is discussed, first with regard to its origins and then with regard to its exceptions, including various forms of waiver. Practical examples illustrate these concepts for the reader to make it easier to understand these ubiquitous, but at times perplexing, concepts and to illustrate the nuances of various aspects of the law. Practitioners should note that there is considerable overlap between confidentiality and testimonial privilege, and the division of this chapter into two sections creates, in some ways, an artificial divide between two closely related concepts.

An Overview of Confidentiality and Privilege

1976 ◽  
Vol 4 (3) ◽  
pp. 393-401 ◽  
Author(s):  
Henry H. Foster
Keyword(s):  
Legal Concepts ◽  
Testimonial Privilege ◽  
The Relationship

The topics of confidential communications and privilege are examined in the following article. The relationship between the legal concepts of confidentiality and privilege, and the qualifications and remedies surrounding both concepts are discussed. After suggesting the definite need for a psychiatrist-patient privilege, the author discusses the reasons why such a testimonial privilege is required.

Testimonial Privilege and Fair Trial

1980 ◽  
Vol 80 (6) ◽  
pp. 1173
Author(s):  
Alfred Hill
Keyword(s):  
Fair Trial ◽  
Testimonial Privilege

scholarly journals Freedom of Expression and International Criminal Law: An Analysis of The Decision to Create a Testimonial Privilege for Journalists

2004 ◽  
Vol 35 (3) ◽  
pp. 609 ◽  
Author(s):  
Kelly Buchanan
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Freedom Of Expression ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Degree Of Protection ◽  
War Correspondents ◽  
Testimonial Privilege

In a recent decision, the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia recognised a qualified privilege for war correspondents in setting out a test that the party requesting its testimony must overcome in order for the Trial Chamber to issue a subpoena. This article examines the decision and the test by comparing it to the approaches of other jurisdictions and any general principles of law that arise therefrom. It also considers whether the decision is consistent with the internationally recognised rights of freedom of expression and to a fair trial. It argues that the international tribunals should take all of these sources of law into account in formulating rules of procedure and evidence, but should also give particular regard to the purposes of international criminal justice, which relate to furthering the establishment of peace.In this context it is argued that the interests of the international criminal justice system are best served by the creation of a distinct procedural framework that contains clear and principled rules. The Appeals Chamber's formulation of a journalistic privilege not only advances this goal, but also recognises that the ability of war correspondents to report on conflicts is vitally important to the international community, including the international courts themselves. The potential impact on this ability arising from the work of the courts necessitates special consideration and a degree of protection for this group.

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