NCJ Number
69085
Journal
Cleveland State Law Review Volume: 27 Issue: 4 Dated: (1978) Pages: 565-585
Date Published
1978
Length
21 pages
Annotation
THE ROLE OF COMMUNITY-BASED CORRECTIONAL PROGRAMS AND THE LAW WITH REGARD TO TESTIMONIAL PRIVILEGES ARE EXPLORED, AND THE ARGUMENT THAT EXTENSION OF THE PRIVILEGE IS LEGALLY APPROPRIATE IS PRESENTED.
Abstract
THE 1974 DISTRICT COURT CASE OF 'KANSAS V. KENNEY,' IN WHICH THE DIRECTOR OF A STATE-FUNDED, COMMUNITY-BASED CORRECTIONAL HALFWAY HOUSE WAS HELD IN CONTEMPT OF COURT FOR REFUSING TO REVEAL COMMUNICATIONS BETWEEN HIMSELF AND RESIDENTS OF THE PROGRAM, ILLUSTRATES THE NECESSITY OF EXTENDING THE CONFIDENTIALITY PRIVILEGE TO CORRECTIONAL HALFWAY HOUSE STAFF AND RESIDENTS. WITHOUT LEGAL PROTECTION, ONE OF THREE UNDESIRABLE RESULTS CAN OCCUR: THE RESIDENT WHO COMMUNICATED SELF-INCRIMINATING EVIDENCE IN GOOD FAITH WILL BE INCRIMINATED, AN EXISTING PROGRAM WILL BE TERMINATED, OR THE THERAPEUTIC PROCESS OF THE PROGRAM WILL BE ABRIDGED. HALFWAY HOUSE PROGRAMS SERVE INDIVIDUALS AT VARIOUS STAGES ALONG THE CRIMINAL JUSTICE PROCESS AND FREQUENTLY OFFER AN ALTERNATIVE TO INCARCERATION OR TO STRAIGHT PROBATION. OF THE TESTIMONIAL PRIVILEGES CURRENTLY RECOGNIZED, FOUR ARE THE MOST COMMON AND WIDELY ACCEPTED. THEY INCLUDE ATTORNEY-CLIENT PRIVILEGE, MARITAL PRIVILEGE, PHYSICIAN-PATIENT PRIVILEGE, AND CLERGYMAN-PENITENT PRIVILEGE. RECENT EXTENSIONS HAVE BEEN RECOGNIZED IN SOME JURISDICTIONS REGARDING CLIENTS OF PSYCHIATRISTS, PSYCHOLOGISTS, CLINICAL SOCIAL WORKERS, ACCOUNTANTS, AND DRUG REHABILITATION STAFFS. THE REAL IMPORTANCE OF THE TESTIMONIAL PRIVILEGE IN THE CORRECTIONAL HALFWAY HOUSE CONTEXT IS FOUNDED IN THE PROTECTION IT AFFORDS THE RESIDENT'S RIGHT TO PRIVACY. CONSIDERING THE RELUCTANCE OF STATE COURTS TO ACT, THE ISSUE IS BEST RESOLVED THROUGH LEGISLATIVE BODIES. FOOTNOTES ARE INCLUDED.