Episode Details

Privileges and Policy-Based Exclusions in Evidence Law

Source: Lecture Four of Evidence Law: Privileges and Policy-Based Exclusions

Main Themes:

Balancing Truth and Societal Interests: Evidence law navigates the tension between seeking the truth in legal proceedings and protecting important relationships and encouraging positive behaviors.

Privileges as Shields: Privileges protect certain confidential communications from disclosure, even if relevant to a case, to safeguard vital societal relationships (attorney-client, spousal, doctor-patient, etc.).

Policy-Based Exclusions: Certain types of evidence are excluded to encourage socially beneficial actions (safety improvements, settlement negotiations) or prevent unfair prejudice.

Nuances and Exceptions: Understanding the specific requirements, limitations, and exceptions to privileges and exclusions is critical for applying them correctly.

Most Important Ideas/Facts:

1. Privileges:

Attorney-Client Privilege: Protects confidential communications between client and attorney for legal advice. Exceptions: crime-fraud, waiver.

"The communication must be made with the expectation of privacy."

Spousal Privileges: Testimonial Privilege: Prevents one spouse from testifying against the other in criminal cases (during marriage).

Marital Communications Privilege: Protects confidential communications during marriage (survives divorce).

Psychotherapist-Patient Privilege: Protects confidential communications for diagnosis or treatment. Exceptions: threats of harm, court-ordered evaluations.

Clergy-Penitent Privilege: Protects confidential communications to clergy for spiritual advice.

Privilege Against Self-Incrimination (5th Amendment): Protects individuals from being compelled to testify against themselves in criminal cases.

2. Policy-Based Exclusions:

Subsequent Remedial Measures (FRE 407): Excludes evidence of actions taken to improve safety after an incident to encourage such actions. Exceptions: ownership/control, feasibility, impeachment.

"aims to encourage individuals and organizations to take corrective actions promptly without fear of legal repercussions."

Compromise Offers & Negotiations (FRE 408): Excludes statements/offers during settlement negotiations to encourage settlements. Exceptions: bias/interest, delay, obstruction.

Offers to Pay Medical Expenses (FRE 409): Excludes offers to pay medical costs to encourage humanitarian aid. Admissions of fault may be admissible.

Pleas & Plea Discussions (FRE 410): Excludes withdrawn guilty pleas & statements during plea negotiations. Exceptions: context, perjury.

3. Corporate Privilege: Applying attorney-client privilege in corporate settings is complex, with different tests to determine which employee communications are protected.

Key Quotes:

"[Privileges] reflect the law’s recognition of the need to balance the pursuit of truth with the protection of critical societal interests."

"The attorney-client privilege is perhaps the most well-known and frequently invoked privilege."

"[Policy-based exclusions] aim to encourage behaviors such as safety improvements and compromise negotiations while limiting the use of evidence that could create unfair prejudice or hinder societal progress."

Hypothetical Scenarios (Examples):

A defendant confesses a crime to a priest. The confession is inadmissible due to clergy-penitent privilege.

A patient admits to exaggerating injuries in a lawsuit to their therapist. This communication is protected, but the privilege might be waived if the patient later uses therapy records to support their claim.

Overall:

This lecture provides a comprehensive overview of privileges and policy-based exclusions in evidence law. Understanding these concepts is crucial for anyone involved in the legal system, fro