Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

 Courts do not take lightly their responsibility to develop common law evidentiary privileges 'in the light of reason and experience.' Fed. R. Evid. 501; see Gillock, 445 U.S. at 367-68. In developing the federal common law of privileges concerning communications to the clergy, courts must attempt to balance the need for full disclosure of all probative evidence against the countervailing requirement of confidentiality that furthers the objectives underlying the privilege claimed. See In re Grand Jury Impaneled January 21, 1975, 541 F.2d 373, 382 (3d Cir. 1976). Although Rule 501 grants the federal courts power to create new privileges or to develop existing privileges as the need arises, this authority is narrow in scope and should be exercised only after careful consideration in the face of a strong showing of need for the privilege. 


Testimonial privileges contravene the well-established principle that ''the public . . . has a right to every man's evidence'' and, therefore, 'must be strictly construed and 'accepted only to the very limited extent that permitting a refusal to testify or excluding relevant evidence has a public good transcending the normally predominant principle of utilizing all rational means for ascertaining the truth.'' ...

Register or login to access full content



Professors
Professionals
Students