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I am curious as to if there are cases when a pastor can break confidentiality adn what would happen if they did it fo rsome other reason?
But is a pastor required to testify in court against someone or can they refrain as their right as a pastor?
I know as a Chaplain Assistant I can never break confidentiality under any circumstances unless a judge rules that no confidentiality ever existed and that is confirmed by the Chief of Chaplains. The same goes for Chaplains who are like "pastors" to the Army.
Pastors do not have any legal right to withhold information from a police enquiry in this country, and they do have a legal (and moral) obligation to report certain admissions.
I always make it very clear to counselees that I might feel the need to share information with my Eldership and/or my wife, at the very least, however I talk about how this is for their benefit as well as my protection, to date I have never had some 'clam up' on me
jwright82, you might note I said "in this country" is the case you refer to an English one?
The idea is simply that if someone confesses to or brings up a situation that is illegal, God has ordained an instrument of correction for that person: the State. If someone's doing something that's illegal or harmful, the State needs to the the immediate rod of correction to that person. To not allow that would be to not be Christian in our thinking about the issue.
Pastors do not have any legal right to withhold information from a police enquiry in this country
1. To be clear, I disagree with the 100% absolute confidentiality rule imposed on me by the military. Nonetheless, I abide by it because I am compelled.
2. If a Soldier faces a court martial, anything he told me in confidence is inadmissible. Within DoD culture the "clergy-parishoner" relationship enjoys the same officially sanctioned confidentiality as does attorney-client privilege, etc.
Pastors do not have any legal right to withhold information from a police enquiry in this country
That might be more helpful if you told which country, or at least had a location in your signature block. And if you are working in a country that you can't identify for security reasons, you might say which country's laws you are familiar with without saying that you are there.
1. To be clear, I disagree with the 100% absolute confidentiality rule imposed on me by the military. Nonetheless, I abide by it because I am compelled.
2. If a Soldier faces a court martial, anything he told me in confidence is inadmissible. Within DoD culture the "clergy-parishoner" relationship enjoys the same officially sanctioned confidentiality as does attorney-client privilege, etc.
So you are saying that it is different from military court to civilian court?
So you are saying that it is different from military court to civilian court?
In civilian courts, it is going to vary by jurisdiction. So if you really need to know, you probably should consult a trial attorney in that jurisdiction. In some states, the privilege belongs to the penitent, in some states the pastor, in some both, and some neither. And it may be impacted as to whether someone is trying to compel the pastor to talk, or whether the pastor wants to talk and someone is trying to compel silence.