Privileges

Question 1

4 Federal Privileges

Answer 1

1. attorney- client
2. psychotherapist - patient
3. clergy - pentinent
4. husband - wife

Question 2

What privilege is not recognized in GA?

Answer 2

doctor - patient

Question 3

Attorney- client

Answer 3

confidential communications; for the purpose of seeking professional legal advice or services . Client holds

Question 4

work product doctrine

Answer 4

material prepared by the atty in anticipation of litigation

Question 5

Psychotherapist - patient

Answer 5

confidential comms by a patient who is seekihg diagnosis or treatment for a medical condition. Patient holds.
Exceptions: statements made during commitment proceedings, stmnts dealing w/ court ordered exams, when the medical condition is a part of the claim.

Question 6

Clergy - pentinent

Answer 6

confidential comms made from the pentitnet to clergyman in their professional capacity as a spiritual advisor.

Question 7

Husband- Wife (marital comms)

Answer 7

both spouses hold privilege, applies in crim and civil cases, protects confidential comms b/w spouses during the marriage. Divorce doesnt ruin.

Question 8

Husband- wife (testimony)

Answer 8

protects all comms during and before the marriage. ends on divorce, crim cases only. A spouse can’t be compelled to testify against the other about virtually anything.

Question 9

Political Vote

Answer 9

any person may refuse to disclose their political vote

Question 10

Identity of informer

Answer 10

both the US and the individual states have the priv to refuse to disclose the ID of a person giving them information. Only the gov can assert.

Question 11

Executive Privilege

Answer 11

President has the absolute priv to refuse to disclose matters of national security.

Question 12

Fifth-Amendment right against self-incrimination

Answer 12

applies only to ev that is testimonial. Presentation of real and demonstrative ev NOT protected

Question 13

Incrimination

Answer 13

if a person statement can’t incrminate him, the privilege does not apply

Question 14

Transactional Immunity

Answer 14

Broad, a w can’t be prosecuted for the offense to which the statement refers. Can’t be prosecuted for any of the transactions they were told they’d be immunized for.

Question 15

Derivative Use Immunity

Answer 15

neither the persons statements not any evidence obtained as a result of the statement can be used against the person.

Question 16

Use Immunity

Answer 16

Narrow, statements by witness may not be used against them, but the prosecution doesn’t agree that it will never prosecutor, nor is the prosecution barred from using evidence obtained as a result of the statement.