Privilege the Concept of Privilege

Privilege The concept of privilege refers to the rights of the defendant to have certain testimony excluded that would otherwise be damaging. Many forms of privilege exist to protect the sanctity of confidential relationships, in particular those involving professionals who would otherwise be unable to conduct their work without these protections (doctors, lawyers, journalists). Spousal protection exists not only to protect the sanctity of marriage but also to protect spouses who would otherwise be in a vulnerable position if they could be compelled to testify.

The South Carolina statutes on privilege are found in Title 19 -- Evidence, Chapter 11 -- Competency of Witnesses. State law provides for privilege against self-incrimination (Section 19-11-80). The testimony of a defendant cannot be used afterwards against the defendant in any other criminal case (Section 19-11-50). Spousal privilege exists in limited format. A spouse may not be compelled to disclose any communication made during the course of the marriage, with exceptions.

Among the exceptions cited in the code are those regarding child abuse or neglect, death of a child, criminal sexual conduct involving a minor or an attempt to commit a lewd act upon a minor (Section 19-11-30). Privilege also exists with respect to priests, rabbis, etc. And journalists; and for medical practitioners in areas of mental illness. The North Carolina statutes on privilege are found in Article 7. Privilege exists for physicians, except in the case of abuse of a minor.

Other forms of privilege in North Carolina law include those pertaining to clergymen, psychologists, school counselors, marriage counselors, social workers, optometrists, reporters, agents of rape crisis centers, and nurses. Peer support group counselors are also included in privilege, except in cases of child abuse. The state recognizes spousal privilege, except in the case of child abuse. The right against self-incrimination also exists (8-54). The Federal statutes on privilege are found in Article V of the Federal Rules of Evidence. The limitations of attorney-client privilege are outlined.

The main rule, 501, places the rules of privilege within the bounds of common law, giving the courts some power over these rules. Spousal privilege is extended, but not in cases of crimes against spouses or children. The privilege does not apply if the spouse is conspiring with the accused to commit a crime. Other privileges include those concerning clergymen, attorneys, journalists. The self-incrimination privilege was extended in the Fifth Amendment.

Many of the privileges are part of common law and are thus found in both states and at the federal level. The standard privileges against self-incrimination, spousal privilege, attorney-client privilege, and privileges for medical practitioners and journalists are all widely held. In each jurisdiction, limits are placed on certain types of privilege for crimes involving children. There are, however, some significant differences. The South Carolina statutes regarding privilege are fairly similar to those in federal law, but those in North Carolina are far more extensive.

In that state, privilege has been extended to a broad number of professions in which a relationship of.