ABSTRACT
There are a large number of pieces of relevant evidence that will not be admitted into evidence at a trial and therefore will not be considered by the finder of fact, whether it be a judge or a jury. These are called privileged materials, and the general rule is that there is a public policy reason for excluding items of this type from disclosure at a trial. The most common of these privileges are the privileges against self-incrimination, the attomey-client privilege, and the physician-patient privilege. The chapter discusses these and other privileges. The most famous of all evidentiary privileges, of course, is the privilege against self-incrimination as stated in the Fifth Amendment to the Constitution. The purpose of the privilege is obvious: to prevent the extortion of confessions from individuals, whether by torture or otherwise. The attomey-client privilege is based on the public policy of encouraging people to seek appropriate advice.
