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  1. #1
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    Default Pastor Testifying in Murder Case

    My question involves criminal law for the state of: Any state.
    Is there any instance where a Pastor could not be allowed to testify about a confession obtained about a murder. Also, would it be different if the confession was obtained from a child for the purpose of counseling the child? Thanks.

  2. #2
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    Default Re: Pastor Testifying in Murder Case

    Had the murder happened when the pastor was told or was he told a murder was going to take place?

  3. #3
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    Default Re: Pastor Testifying in Murder Case

    The pastor was told about the murder after it happened, the Mother told that she wanted him to counsel her child and then told her child to tell the Pastor everything, the child confessed to the pastor and then the Pastor told the police and now I need to know if there is any reason why the Pastor could not testify against the child in court.

  4. #4
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    Question Re: Pastor Testifying in Murder Case

    Is this in 'any state' because it is a homework assignment?

  5. #5
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    Default Re: Pastor Testifying in Murder Case

    How old is the "child"?

    If this is homework, tell us now.

  6. #6
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    Default Re: Pastor Testifying in Murder Case

    yes, it is for a debate i am doing. i didnt realize that would be a problem, sorry for misleading you. the schenario doesnt give an exact age, but the assumption is that he is a minor. thanks for your help, and sorry if i am not supposed to use this for not real cases.

  7. #7
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    Lightbulb Re: Pastor Testifying in Murder Case

    honesty is always the best policy - try this web site

    http://www.springerlink.com/content/q154237311085561/

  8. #8
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    Default Re: Pastor Testifying in Murder Case

    i really didnt mean to give you the idea it was real, but i suppose i did decieve by omission. thanks again.

  9. #9
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    Default Re: Pastor Testifying in Murder Case

    Quote Quoting noahwar
    View Post
    My question involves criminal law for the state of: Any state.
    Is there any instance where a Pastor could not be allowed to testify about a confession obtained about a murder. Also, would it be different if the confession was obtained from a child for the purpose of counseling the child? Thanks.

    This is known in the law as the Priest/Clergy-Penitent Privilege.

    In order to debate intelligently on a legal issue, one must have some insight on what the law is.

    Here is an article from Wikipedia.

    In part:

    In twenty-five states, the clergyman-communicant statutory privilege does not clearly indicate who holds the privilege. In seventeen states, the penitent's right to hold the privilege is clearly stated. In only six states, both a penitent and a member of the clergy are expressly allowed by the statute to hold the privilege.



    http://en.wikipedia.org/wiki/Priest-penitent_privilege


    My law dictionary has a few citations in it. One is N.J.R.E. 511.

    http://www.njlawnet.com/njevidence/511.html

    Another; The definition of Clergy is the subject of controversy, 49 A.L.R. 3rd 1205, but has been found not to include Nuns, 279 A. 2nd 889.

    The first citation means American Law Reports, volume 49, 3rd series, page 1205. This can be located at a law library. I have looked through ALR before for case law on various subjects.

    The second citation is the Atlantic Reporter, 2nd series, volume 279, page 889. This series can also be found a law library. You can visit a nearby one of a law school of a college/university.

    Whatever your state is look up the Rules of Evidence online to see if they have a section for such as NJ above.

  10. #10
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    Default Re: Pastor Testifying in Murder Case

    Thank you very much! I am sure that I will be able debate a bit more intelligently due to your help. You have given me a good lead that I can follow and I greatly appreciate it.

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