Judges to decide: Can religious confessions be used against you?

guy incognito

Well-Known Member
In most states if a patient informs a doctor that they are planning to hurt themselves or someone else --the shrink must report. To be honest though I'm not sure if a shrink is obligated legally to divulge if it is a confession after the fact. --must google
That's what I said.

Next time you go to the hospital they will give you a brochure regarding patients rights and responsibilities and it will go over HIPPA (Oh God i'm so high I hope I got that acronym right lol) If you tell me you molested your child 5 years ago and no one knew about it, I have to report it. BEEECCCAAAAUUUSSE statutes of limitations don't begin until it's reported.
You aren't my psychologist or psychiatrist.
 

CinnamonGirl

Active Member
but, you know, @incognito, I think the larger issue is the fact that the law anymore is just chaos. There is no consistency. One state does this another that and the Feds do something completely different--everything is basically subjective--what a person should or shouldn't do seems inconsequential.
 

guy incognito

Well-Known Member
but, you know, @incognito, I think the larger issue is the fact that the law anymore is just chaos. There is no consistency. One state does this another that and the Feds do something completely different--everything is basically subjective--what a person should or shouldn't do seems inconsequential.
Parts of it are subjective with gray areas, but other parts are not. If I tell me therapist that I stole shit from kmart a few years ago he CANNOT go tell the police on me. He will lose his medical license for that.
 

RainbowBrite86

Well-Known Member
Parts of it are subjective with gray areas, but other parts are not. If I tell me therapist that I stole shit from kmart a few years ago he CANNOT go tell the police on me. He will lose his medical license for that.
But if you tell him you raped or murdered someone he has to. You think they won't rip a license for it? Let it come up in the paper a 9 year old was raped, murdered, and stuffed in a trunk and the guy who did it told the doctor who treated him for a cut he sustained during the struggle. It's a past crime. And they will crucify the doctor who doesn't report it.
 

GrnMn

Active Member
Holy shite! This will really change the game. Who decides what is and is not a confession?

Link for the whole story
http://www.freep.com/article/20120208/NEWS06/202080394/Judges-to-decide-Can-religious-confessions-be-used-against-you-?odyssey=tab|topnews|text|FRONTPAGE


Michigan Court of Appeals judges will hear arguments Thursday on a case that could have serious repercussions for church members: Can what you confess to your pastor be used against you in a court of law?


A three-judge panel of the court is being asked to decide whether a Baptist pastor in Belleville violated Michigan's priest-penitent privilege by testifying against a church member in a rape case.


"This is a very dangerous case because it could have very serious repercussions for religion," the rape suspect's lawyer, Raymond Cassar of Farmington Hills, said Tuesday. "If a pastor is allowed to testify against a member of his church about privileged communications, no one will want to confess their sins to their pastors anymore."


Assistant Wayne County Prosecutor Teri Odette argued in court documents that the privilege doesn't apply in this case
As far as I know, the only safeties are Catholic confessions, Doctor/patient confidentiality, and the law that a spouse cannot be forced to testify against their spouse.
 

guy incognito

Well-Known Member
But if you tell him you raped or murdered someone he has to. You think they won't rip a license for it? Let it come up in the paper a 9 year old was raped, murdered, and stuffed in a trunk and the guy who did it told the doctor who treated him for a cut he sustained during the struggle. It's a past crime. And they will crucify the doctor who doesn't report it.
Because that crime has NOTHING to do with treating your injury and doctor-patient confidentiality never existed for that. That is an entirely different situation than confession the same thing to a psychologist for mental treatment.

If you go in with a gunshot the doctor is required to report that to the police.

If you speak to your psychologist and tell him you were involved in some shit in the past, and you got shot, and maybe you shot someone, and never got busted, but the reason you are there is to recieve his help specifically for that reason, then he CANNOT go tattle to the police that you were involved in a gun fight at some point in the past.

Different situations.
 

CinnamonGirl

Active Member
Parts of it are subjective with gray areas, but other parts are not. If I tell me therapist that I stole shit from kmart a few years ago he CANNOT go tell the police on me. He will lose his medical license for that.
but the fact remains that a therapist can tell-- yes they might lose their licence--but as a fallible human being a therapist might just break the rules-- then what? This is my beef with this whole ridiculous case we are discussing. the minutia of the law is obscuring the actual crime-- a nine-year-old girl was raped. Rapist is not being charged. The pastor is. How is justice being served?
 

RainbowBrite86

Well-Known Member
but the fact remains that a therapist can tell-- yes they might lose their licence--but as a fallible human being a therapist might just break the rules-- then what? This is my beef with this whole ridiculous case we are discussing. the minutia of the law is obscuring the actual crime-- a nine-year-old girl was raped. Rapist is not being charged. The pastor is. How is justice being served?
Agreed. Twice. Because agreed is only 6 characters.
 
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