SOC-4680 Chapter Notes - Chapter 11: Compulsory Process Clause, The Injury, Stillbirth
Document Summary
According to wigmore privileges should only be extended in those relationships meeting 4 standards. The communication must be entered into with an expectation of confidentiality. The element of confidentiality must be essential to the maintenance of the relationship. The relationship must be one which in the opinion of the community should be sedulously fostered. The injury to the relationship by such disclosure would be greater than the benefit gained for the correct disposal of litigation. Emerged at the same time as compulsory witness testimony. Allows states to identify those relationships in which a privilege is granted. Federal courts have recognized privileges, after analyzing 4 factors: Whether recognizing the privilege serves the same policy goals that traditionally have informed privilege law. Rationale - some relationships are sacred and deserve protection. No absolute standard for their admission vary greatly. Developed in england following the introduction of compulsory process.
