BM Confession? Clergy Privilege?
Your posts lured me down the rabbit hole to a law review article "The Pastor on the Witness Stand: Toward a Religious Privilege in the Courts" which briefly referenced:
"... a murder case, when the defendant expressed his intention to kill his wife and her paramour to his friend and frequent companion, who happened to be a clergyman, the privilege was not available..." ** bbm
Not drawing parallels to SM's disappearance. Just saying stuff happens. my2cts.
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* https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=2173&context=tcl 1984
Article discusses various state statutes and six factors: "1. Who may exercise the privilege? 2. Who are clergy to whom privileged communications can be made? 3. Who is bound by the exercise of the privilege? 4. Which communications fall within the privilege? 5. Where can the privilege be claimed? 6. What idiosyncrasies exist in the particular jurisdiction's rule?"
** Quotation in post is from digital page number 12, and hard copy page number 11.
The case is Burger v. State, 238 Ga. 171, 172, 231 S.E.2d 769, 771, and full appellate opinion rendered in GA in 1977 is at Burger v. State, 231 S.E.2d 769, 238 Ga. 171 – CourtListener.com
@Hoosierfan72 sbm Interesting thought, esp'ly in connection w your post about 1931 Minnesota Supreme Court ruling re the clergy-penitent privilege.... I haven't ruled out BM confessing to a clergy member ... I think it's possible he believes that a confession/asking of forgiveness of some kind would save him from hell...
Your posts lured me down the rabbit hole to a law review article "The Pastor on the Witness Stand: Toward a Religious Privilege in the Courts" which briefly referenced:
"... a murder case, when the defendant expressed his intention to kill his wife and her paramour to his friend and frequent companion, who happened to be a clergyman, the privilege was not available..." ** bbm
Not drawing parallels to SM's disappearance. Just saying stuff happens. my2cts.
______________________________________________________
* https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=2173&context=tcl 1984
Article discusses various state statutes and six factors: "1. Who may exercise the privilege? 2. Who are clergy to whom privileged communications can be made? 3. Who is bound by the exercise of the privilege? 4. Which communications fall within the privilege? 5. Where can the privilege be claimed? 6. What idiosyncrasies exist in the particular jurisdiction's rule?"
** Quotation in post is from digital page number 12, and hard copy page number 11.
The case is Burger v. State, 238 Ga. 171, 172, 231 S.E.2d 769, 771, and full appellate opinion rendered in GA in 1977 is at Burger v. State, 231 S.E.2d 769, 238 Ga. 171 – CourtListener.com
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