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This privilege was not recognized under common law. Like the physician-patient privilege, it is a statutory privilege not recognized under common law. A person may refuse to disclose any confidential communication that he made to a member of the clergy who was acting in a professional capacity. This rule applies to all proceedings and the penitent does not have to be a party to the proceeding. Observations are not privileged. Only the penitent may invoke in the minority while the majority allows both the penitent and the clergy to invoke the privilege.

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