Confessional privilege (United States)

Statute

Common law

• New York: In People v. Phillips, in the year 1813, the Court of General Sessions in New York recognized the privilege as in a decision rendered by De Witt Clinton, recognized the privilege as applying to Rev. Anthony Kohlmann, S.J., who refused to reveal in court information received under the seal of confession.

• Massachusetts: In Commonwealth v. Drake , it was argued on the one side that a confession of a criminal offence made penitentially by a member of a certain Church to other members, in accordance with the discipline of that Church, may not be given in evidence. These others were called as witnesses. The solicitor-general argued that religious confession was not protected from disclosure. He also took the point that in this case "the confession was not to the church nor required by any known ecclesiastical rule", but was made voluntarily to friends and neighbours. The court held that the evidence was rightly received.

  Issues

• Who qualifies as a member of the clergy
• What communications are covered by the privilege
• Who holds the privilege

Footnotes