In the
law of evidence, a privilege is a rule of evidence that allows the holder of the privilege to refuse to disclose information or provide evidence about a certain subject or to bar such evidence from being disclosed or used in a judicial or other proceeding.
There are many such privileges recognised by the judicial system, some stemming from the common law and others from statute law. Each privilege has its own rules, which often vary between jurisdictions.
Types
One well known privilege is the
solicitor–client privilege, referred to as the
attorney–client privilege
Attorney–client privilege or lawyer–client privilege is the name given to the common law concept of legal professional privilege in the United States. Attorney–client privilege is " client's right to refuse to disclose and to prevent any ...
in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five ma ...
and as the
legal professional privilege in
Australia. This protects confidential communications between a client and his or her legal adviser for the dominant purpose of legal advice. The rationale is that clients ought to be able to communicate freely with their lawyers, in order to facilitate the proper functioning of the legal system.
Other common forms include privilege against compelled
self-incrimination (in other proceedings),
without prejudice privilege (protecting communications made in the course of negotiations to settle a legal dispute),
public interest privilege Under common law, public-interest privilege prevents the compulsory disclosure of documents or information which is against the public interest. There is a balance between public interests- if the public interest in secrecy is greater than the publ ...
(formerly Crown privilege, protecting documents for which secrecy is necessary for the proper functioning of government),
spousal (marital) privilege,
medical professional privilege, and
clergy–penitent privilege.
In the US, several states have enacted the ''Uniform Mediation Act'' (UMA) which specifies a
mediator's privilege with regard to state procedures.
In the United Kingdom, the
Rehabilitation of Offenders Act 1974 provides that evidence relating to spent convictions (those in respect of which the Act says the convicted person is rehabilitated, generally older and less serious ones) is inadmissible, and provides privilege against answering questions relating to such convictions; although some exceptions apply, in particular in criminal proceedings.
Effect
The effect of the privilege is usually a right on the part of a party or witness to a case, allowing them to refuse to produce evidence in the form of documents or testimony from the person entitled to the privilege. For example, a person can generally prevent their attorney from testifying about the legal relationship between attorney and client, even if the attorney were willing to do so. In this case the privilege belongs to the client and not the attorney.
In a few instances, such as the marital privilege, the privilege is a right held by the potential witness. Thus, if a wife wishes to testify against her husband, she may do so even if he opposes this testimony; however, the wife has the privilege of refusing to testify even if the husband wishes her to do so.
On the other hand, the person entitled to a privilege is at liberty to
waive the privilege.
Examples of privileged information
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Accountant–client privilege
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Attorney–client privilege
Attorney–client privilege or lawyer–client privilege is the name given to the common law concept of legal professional privilege in the United States. Attorney–client privilege is " client's right to refuse to disclose and to prevent any ...
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Priest–penitent privilege
The clergy–penitent privilege, clergy privilege, confessional privilege, priest–penitent privilege, pastor–penitent privilege, clergyman–communicant privilege, or ecclesiastical privilege, is a rule of evidence that forbids judicial inqui ...
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Physician-patient privilege
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Psychotherapist–patient privilege
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State secrets privilege The state secrets privilege is an evidentiary rule created by United States legal precedent. Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court ...
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Classified Information Procedures Act
The Classified Information Procedures Act or CIPA ( through ) is codified as the third appendix to Title 18 of the U.S. Code, the title concerning crimes and criminal procedures. The U.S. Code citation i18 U.S.C. App. III. Sections 1-16
Legislati ...
See also
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Admissible evidence
Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—to establish or to bolster a point put forth by a party to the proceeding. Fo ...
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Deliberative process privilege
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Privilege log
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Public-interest immunity
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Reporters' privilege
Reporter's privilege in the United States (also journalist's privilege, newsman's privilege, or press privilege), is a "reporter's protection under constitutional or statutory law, from being compelled to testify about confidential information or s ...
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Right to silence
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the worl ...
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Shield law
A shield is a piece of personal armour held in the hand, which may or may not be strapped to the wrist or forearm. Shields are used to intercept specific attacks, whether from close-ranged weaponry or projectiles such as arrows, by means of a ...
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Silent witness rule
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Subpoena duces tecum
A ''subpoena duces tecum'' (pronounced in English ), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. In ...
References
External links
Coburn–Ensign Privilege Claims
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