Evidence Law Lecture 4 of 5: Privileges and Policy-Based Exclusions

Law School

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, from law students to practicing attorneys. The lecture emphasizes the importance of balancing the pursuit of truth with protecting individual rights and encouraging positive social behaviors.

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