|
Most, if not all, states accept Catholic Confessionals as exempt from reporting (But only the COnfessionals, for that is the only place were confidence is expected in the Catholic Church). Most of this is Judge found law i.e NOT by Statute but by the Common law of that State. It is a narrow exception to the rule to report.
As to reporting Crime, they is NO LEGAL REQUIREMENT TO REPORT ANY CRIME IN MOST STATES. Now most states do have mandatory reporters of child abuse (Doctors, Teachers Clergy etc) but not for crimes in General. The mandatory Reporters can NOT break a "Confidence" i.e. where the problem is revealed by the person talking NOT by other findings. Confidences include Lawyer-Client, Doctor-Patient, Priest-penitent, but outside of those roles, if the person is a mandatory reporter, he or she must report (i.e. if a Doctor is Told "I was attacked by X", that is a confidence and if that is ALL the Doctor has h can NOT reveal it to the Police, but if the Doctor sees injuries that is consistent with an attack, those findings MUST be reported. Yes it is splitting hairs in many cases but Confidence is considered good is most cases, on the other hand Evidence of a Crime is NOT covered by any Confidence).
Last week 60 minutes had a spot on a Prisoner in jail for a Crime he did not commit. A Lawyer came forward and said his late client told him that he had committed the crime. The Judge dismissed the petition to review the Conviction AND SENT THE LAWYER'S NAME TO THE STATE SUPREME COURT FOR VIOLATING A CONFIDENCE for disciplinary action. It was a violation of a Confidence, even through the Client was dead, and a confidence protected by law. Thus the lawyer is subject to sanction by the Court for revealing that confidence (Clients can reveal a Confidence, Lawyers can not without the Client's permission).
This is a constant headache for lawyers and other people who had this "Privilege", but as a whole it is considered good, for it permit people to talk to the person and advise them what to do. Without the knowledge that whatever you say can NOT be revealed without your permission, people may not be as open as needed to those people who can most help them. Thus most states recognize this privilege in the case of lawyer-Client (All States), Doctors-Patient (All States) and Priest-penitent (Most, if not all states). The main exception is Child abuse cases, but that is more dependent on findings as opposed to what you are told. Privilege is always difficult when you are told things that the Client/Penitent/Penitent do not want other to know. such Privilege has it place, but most professions restrict it, the Catholic Church to the Confessional, Lawyers to places where no third party is expected to over hear the conversation, Doctors to what they are told NOT what they find on physical examination. While confidence is restricted it is still viewed as a good thing.
|