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The Parent-Child Privilege: A Response To Calls For Adoption, David A. Schlueter
The Parent-Child Privilege: A Response To Calls For Adoption, David A. Schlueter
Faculty Articles
A popular move to recognize and codify a parent-child privilege has surfaced, despite rejection by a majority of the courts that have considered the issue. Reminded of the horrors accompanying totalitarian systems that require children to testify against their parents, some commentators have asserted that adoption of such a privilege will promote the success of the family relationship in this country and avoid the trauma of family members testifying against each other at trial.
The momentum for adopting a parent-child privilege seems to have been generated by a few courts and a number of commentators who see the privilege as …
Do We Need A Parent-Child Privilege, David A. Schlueter
Do We Need A Parent-Child Privilege, David A. Schlueter
Faculty Articles
This article addresses proposals to adopt a parent-child privilege, and notes that currently incriminating statements made between parents and children are admissible as evidence. However, there is a popular move to urge codification of a parent-child privilege that would protect any statements made or actions observed within the parent-child relationship. Evidentiary privileges are generally disfavored because they potentially block otherwise relevant evidence, but some relationships, such as the parent-child relationship, deserve assurance that shared confidences will be protected.
To overcome the reluctance to adopt yet another privilege, proponents of the parent-child privilege typically offer a number of justifications. These include …