V. Testimonial Privileges Flashcards
PROMPT: Katie to Provide Attorney-Client Privilege One-Sheet
Note: haven’t prepared this yet…
What is the rule for confidential marital communications
In a criminal and civil trials, ALL marital communications (not non-verbal) made DURING a marriage are privileged. EITHER SPOUSE MAY INVOKE privilege.
What is the rule for spousal testimonial privilege?
In a criminal trial, the spouse of a defendent make invoke privilege and REFUSE TO TESTIFY, if they are MARRIED AT THE TIME OF TRIAL.
Under federal rules of evidence, only criminal trials, under CA rules of evidence, both criminal and civil.
Some states permit defendant to also invoke this privilege, but not in CA.
Includes GRAND JURY TRIALS
What are the exceptions to spousal privilege & confidential marital communications?
(1) Civil trial between spouses
(2) One spouse charged with crime against the other/children
(3) Both spouses engaged jointly in crime [only as to confidential marital communications]
When will psychotherapist/social worker privilege apply?
When a reasonable patient would have intended communication (made to facilitate psychology services) to be confidential.
Exceptions: (1) physical/mental condition at issue, (2) services sought to aid in crime/tort, (3) alleged duty breach by professional
CA: Danger to self or others
What are the three additional California privileges?
- Counselor and victim of sexual assault/ domestic violence
- Penitential communication (member of clergy)
- Reporters Immunity (refusing to reveal source)
Is doctor-patient privilege recognized?
Not specifically under the federal rules, but it is for CA civil cases, and most states if:
(1) intended to be confidential (objective)
(2) made to receive medical treatment
(3) pertinent to medical treatment
Exceptions: (1) physical/mental condition at issue, (2) services sought to aid in crime/tort, (3) alleged duty breach by professional
CA: CIVIL cases only, and note doctors must report gunshot wounds & communicable diseases to authorities
