NCJ Number
80870
Date Published
Unknown
Length
0 pages
Annotation
In this videotaped presentation, a panel discusses the Supreme Court's draft rules of privilege, which have been proposed but are not incorporated into the new Federal Rules of Evidence.
Abstract
The draft status of these rules is due to the fact that Congress considers the issue of privilege to merit legislation by an act of Congress, which has not yet taken place. The only reference to privilege in the New Federal Rules of Evidence is paragraph 501, which refers privilege matters to State law or to the common law of the State. The fifth amendment is the only current Federal authority on privilege. It provides the right against self-incrimination to individuals. Problems have arisen when corporations claim this privilege and where one defendant blames another who then invokes the fifth amendment. Included in the Supreme Court's 13 rules of privilege are reports that are designated confidential by both Federal or State statute, communication between attorney and client, waiver by voluntary disclosure, the physician-patient relationship, the psychotherapist-patient relationship, and communication to a clergyman. Secrecy of an individual's political vote, trade secrets, intradepartmental documents that do not constitute departmental policy, work product, and the privilege of journalists are also discussed. The panel participants express opinions on the implications and potential problems of interpretation related to each of the proposed privileges.