ABSTRACT
Evidentiary privileges exist to protect relationships and interests that society values, even at the sacrifice of some truth in our justice system. The recognition that relationships between individuals who create confidential personal communications with others that society believes should remain confidential requires some analysis to determine which privileges should be protected under which circumstances and which ones do not deserve recognition in particular circumstances. This chapter presents the rationales that support privileged communication between husband and wife, attorney and client, physician and patient, and religious leaders and penitents. Governments may require the keeping of law enforcement confidentiality as well as the ability to secure state secrets and other information. Presentation of information concerning when confidential communications and relationships may be breached and properly revealed is considered, with the recognition that more important causes may be served by requiring the revelation of confidences.
