What is a testimonial privilege


Assignment part I:

Q1)  What is a testimonial privilege, and what does it do?

Q2)  What are two purposes/reasons for testimonial privileges listed in your book? 

Q3)  What is the difference between "privileges" and "professional confidentiality," and why is that important? What could happen if there was no privilege? 

Q4)  What is the attorney-client privilege, what are some of the justifications for it, and what are some of the exceptions?

Q5)  What is the psychotherapist-patient privilege, what are some of the justifications for it, and what are some of the exceptions?

Assignment part II: For the discussion, please answer the following questions:

Q1)  Do you agree with the idea of testimonial privileges in general, and specifically with those in Q4 and Q5, and why or why not?  (Discuss each one).

Q2)  Should it matter that in most cases confessions to past crimes (with some narrow possible exceptions) to a defendant's lawyer or psychotherapist are privileged, and why or why not?  In your opinion, do the exceptions you noted above strike enough of a balance in that regard?  Why or why not?

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