INTERNATIONAL CONFERENCE OF POLICE CHAPLAINS.ppt
《INTERNATIONAL CONFERENCE OF POLICE CHAPLAINS.ppt》由会员分享,可在线阅读,更多相关《INTERNATIONAL CONFERENCE OF POLICE CHAPLAINS.ppt(31页珍藏版)》请在三一文库上搜索。
1、INTERNATIONAL CONFERENCE OF POLICE CHAPLAINS,LIABILITY AND CONFIDENTIALITY,http:/ OBJECTIVES,Define & explain: liability, confidentiality, ethics & privilege. Chaplains responsibility to maintain confidentiality. Determine when confidentiality ceases. Determine sources of chaplain liability. Describ
2、e sources of remedies for negligence and misconduct. Determine sources of legal protections and immunities. Compare and contrast privileged and non-privileged actions. Discuss best practices to protect the confidentiality of the client. Discuss the doctrine of “Respondeat Superior”. Describe a Chapl
3、ains Office standard operating procedure.,http:/ general: The legal responsibility or obligation to do or not do something or to behave in a certain manner. Tort liability: The breach of a duty that is the proximate cause of anothers injuries or damages. It can be negligent or intentional.,http:/ In
4、ternal-church/police agency State Tort liability lawsuit Section 1983 Civil Rights lawsuit Criminal prosecution,http:/ COMMUNICATION,A communication made in confidence. It can be written or verbal. It may or may not be privileged communication. The party making the communication has an expectation t
5、hat the receiver will not disclose the communication.,http:/ COMMUNICATION,A legal right enjoyed by a person(s) that creates an exemption or immunity from disclosing the communication. Generally, the privilege is “owned” by either the client/parishioner or the clergyman and only the person who owns
6、the privilege can waive it.,http:/ privilege exist everywhere?,While there is debate in the U.S. as to whether there exists a common law clergy privilege, practically every jurisdiction in the U.S. recognizes some form of the privilege. Courts in Western Australia and Canada have ruled that no clerg
7、y privilege existed in criminal cases. Most European countries do recognize some form of privilege. Does your jurisdiction?,http:/ of Privilege,In 27 jurisdictions the law is not express as to who owns the privilege. In 17 jurisdictions the penitents right to hold the privilege is clearly stated. In
8、 6 jurisdictions the privilege belongs to both the clergyman and the penitent.,http:/ is included in “Clergy?”,Generally, this question has been left to courts to decide. In some jurisdictions the clergy must be ordained. Nuns and Elders have sometimes been included. Non-Ordained church counselors h
9、ave been excluded.,http:/ the privilege law does not clearly define a clergyman, a court may consider:,Whether the clergy is connected in some way with a religious organization. Whether the clergy is “settled in the work of the ministry.“ Whether he or she is “accredited by“ a church body. Whether t
10、he clergy member is “accountable to the authority of“ a church body, Whether the church body is “legally cognizable,“ or is part of an “organized“ religion.,http:/ code of good or expected behavior. A code of ethics governs how various professionals should behave, such as lawyers, doctors, congressm
11、en, clergy, et cetera.,http:/ SUPERIOR,A principle stating that the “master” is responsible for the wrongful conduct or act of his “servant.” Also, the doctrine that a principal is responsible for the acts of his agent.,http:/ acts are privileged?,34-46-3-1 Persons not required to testify Sec. 1. Ex
12、cept as otherwise provided by statute, the following persons shall not be required to testify regarding the following communications: (1) Attorneys, as to confidential communications made to them in the course of their professional business, and as to advice given in such cases. (2) Physicians, as t
13、o matters communicated to them by patients, in the course of their professional business, or advice given in such cases. (3) Clergymen, as to the following confessions, admissions, or confidential communications: (A) Confessions or admissions made to a clergyman in the course of discipline enjoined
14、by the clergymans church. (B) A confidential communication made to a clergyman in the clergymans professional character as a spiritual adviser or counselor. (4) Husband and wife, as to communications made to each other. As added by P.L.1-1998, SEC.42.,http:/ FEDERAL RULE,Federal Rule of Evidence Rul
15、e 501 Except as otherwise required by law, the privilege of a witness . . . shall be governed by the common law . . . In civil proceedings, . . .the privilege of a witness, . . . shall be determined by state law. Generally, clergy privilege is recognized.,http:/ of Justice,35-44-3-4 Obstruction of j
16、ustice; exception Sec. 4. (a) A person who: . . . (2) knowingly or intentionally in an official criminal proceeding or investigation: (A) withholds or unreasonably delays in producing any testimony, information, document, or thing after a court orders him to produce the testimony, information, docum
17、ent, or thing; . . . commits obstruction of justice, a Class D felony. (b) Subdivision (a)(2)(A) does not apply to: . . . (C) member of the clergy; . . . is not required to testify under IC 34-46-3-1.,http:/ Sources of Legal Confidentiality Protection,Mediators in administrative proceedings Adult pr
- 配套讲稿:
如PPT文件的首页显示word图标,表示该PPT已包含配套word讲稿。双击word图标可打开word文档。
- 特殊限制:
部分文档作品中含有的国旗、国徽等图片,仅作为作品整体效果示例展示,禁止商用。设计者仅对作品中独创性部分享有著作权。
- 关 键 词:
- INTERNATIONAL CONFERENCE OF POLICE CHAPLAINS
链接地址:https://www.31doc.com/p-3028524.html