...is the priest obligated by law to answer any question about the confession, or is he obligated by the church to not answer any questions about the confession? In other words, is there an exception in the law allowing priests to not answer questions related to a serious crime?
2006-09-14 07:44:50 · 13 answers · asked by tooqerq 6 in Politics & Government ➔ Law & Ethics
There is what is called Minister/Penitant privelege that allows you to say anything to them and they are under no requirement or obligation to tell anyone and really not allowed to. It is basically the same as attorney/client privelege, or doctor/patient privelege. But if your going to confess that means you are feeling guilty and even your priest will probably tell you the only true way to get rid of the feeling and to repent and be forgiven is to confess to the authorities and pay the price, also you need to ask those you victimzed for forgiveness.
2006-09-14 07:59:39 · answer #1 · answered by Wilkow Conservative 3 · 0⤊ 1⤋
Church law has nothing to do with it, from a legal standpoint. Just because a church says something works a particular law, that has no inherent standing in a court of law.
Anyone who has knowledge of a crime may be called to testify as to their knowledge, unless there is a specific evidentiary privilege that applies. Most states recognize some form of clergy privilege, for conversations that occur during confession or for someone seeking spiritual guidance from the minister.
The specific rules vary by state, but in general the evidentiary privilege allows the priest/minister to refuse to disclose the contents of confidential communications, except those that relate to the commission of a future crime.
The judge will evaluate any given situation and determine whether the evidentiary privilege applies. If the judge determines that the privilege does not apply, such as if the conversation was not confidential (third-party exception) or if the conversation does not fall within the intent of the privilege (seeking spiritual advice), then the judge can order disclosure.
This is also the way it works for psychologists and other mental health counselors, as well as attorneys. And details vary by state.
2006-09-14 10:06:55 · answer #2 · answered by coragryph 7 · 0⤊ 1⤋
The church law forbids him to tell anyone... and this can put him into a very big quandary. What if someone tells him they are planning on killing someone?
A priest could find himself in a huge moral dilemma under these rules between the laws of the church and the laws of the country.
2006-09-14 07:57:07 · answer #3 · answered by j H 6 · 1⤊ 1⤋
Yes - there is no longer religious immunity and priests must disclose all illegal acts heard in the confessional.
The Catholic Church molested boys for far too long due to this perceived immunity.
Even though there is the "bind and loosened" aspect of confessions - circumventing the law was never the intention of that biblical passage.
2006-09-14 07:47:49 · answer #4 · answered by Anonymous · 1⤊ 4⤋
What is revealed between a parishioner and the priest in the Confessional is to remain between them and God. No law on Earth can make the priest break his vows of confidence.
2006-09-14 07:50:06 · answer #5 · answered by Anonymous · 2⤊ 2⤋
As far as I know, a priest is the only person who is NOT obligated to report or testify in regards to a criminal act. I don't know what the actual rule is if he feels the need to-not sure if he's allowed to report it or not. But he doesn't have to.
2006-09-14 07:48:13 · answer #6 · answered by desiderio 5 · 2⤊ 3⤋
I'm pretty sure that in a court of law, if summoned into court, the preist could either abstain from court or he could answer. I doubt, highly, that any preist would actually be summoned due to a conflict of intrest but in a legal situation, I'm almost positive that if under court of law, the truth would have to be told regardless of religious background. Does that make sense?
2006-09-14 07:56:08 · answer #7 · answered by Anonymous · 1⤊ 3⤋
in some cases there is. if someone admitted to committing murder then the priest can be asked about and be forced to give the info needed if it is true.
2006-09-14 08:21:22 · answer #8 · answered by Bella's Creations 2 · 0⤊ 1⤋
he better be or he's a criminal too. What if you confessed to murdering a priest well known in the community and respected among local priests? what if that murder happened to have occurred in a confessional booth? would he keep quiet?
2006-09-14 07:53:31 · answer #9 · answered by waplambadoobatawhopbamboo 5 · 0⤊ 3⤋
He is obligated by the church not to tell. So he won't.
2006-09-14 07:47:36 · answer #10 · answered by Amilucky0707 3 · 1⤊ 2⤋