CRIM 321 Lecture 3: Wigmore Criteria

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The communications must originate in a confidence that they will not be. Without confidence there can be no privilege. Make your pledge clear and unambiguous, and mean it: this element of confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties. The general case is easy but you must consider whether it is integral to your research. Ask participants whether it is important; record their responses: the relation must be one which in the opinion of the community ought to be sedulously fostered.

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