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Page: Profile: Wren's Nest News Local
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Article: 8601
[Legal]
Date Posted:
12/3/2003
8:10:46 am EST
Wvox Stats
Views: 7,890
RSS: 0
Comments: 5
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Update: Court Recognizes Clergy Privilege For Native American Medicine Man
Author: AP Source: The Casper Star Tribune (WY)
Title: COURT RECOGNIZES CLERGY PRIVILEGE FOR NATIVE AMERICAN MEDICINE MAN
A federal judge has found that a Native American medicine man is a spiritual leader and so has the same clergy privilege as leaders in other religious faiths, but that won't make a difference in the case involving murder suspect Carlos Herrera.
U.S. District Judge Marcia Krieger found this week that federal courts recognize a common-law clergy-communicant privilege and that a Native American medicine man or healer can qualify as clergy for the purposes of the privilege.
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Community Thoughts: There are 5 comments posted | Reverse Sort |
| Good | Dec 4th. at 12:40:59 am EST |
by Lady R.S.D. (Weed, CA) - wc_xemail
It's law that if someone reports abuse or killing to you that - especially if you are clergy or a public servant - you must report it. I'm actually rather surprised that fewer people know that. This even applies to your friendly tarot reader with the Psychic Friends (I know, that was part of orientation when I was with them) .
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| Right | Dec 3rd. at 12:32:28 pm EST |
by DrgnDancer (New Orleans) - wc_xemail - Web
This ruling was exactly what i would have hoped for in this case.
if you read the original article on this case:
http://www.witchvox.com/wren/wn_detail.html?id=8485
You'll see that this was not a confession given to a spitiual advisor, but a request for help from a criminal who wanted someone to help him cover the crime. I'm all for giving native clergy, Pagan clergy, or any other clergy the same right to hear spiritual confessions as Christian clergy, however in this case no clergy should have confidentiallity. If I go up to my buddy the Catholic priest (assuming I was Catholic) and say "I just killed somebody, could you help me bury the body?" He is not hearing my confession, and he is in fact opening himself up to an "acessory" charge of he fails to report me (certainly if he helps me bury the body) .
if the medicine man in question had intended the cnversation to be "confidential" he certainly shouldn;t have told his _roomate_ about it, which is where the information originally came from.
This was a terrible test case, and I'm glad that the federal judge did at least make a point of saying that in general, medicine men have the same rights as priests. it will make the next _legitmate_ test case much easier to win.
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| Dodge Legit? | Dec 3rd. at 11:50:17 am EST |
by aaron (Bridgeport, Ct.) - wc_xemail
It sounds like the medicine man didn't recognize the communication as privileged, or he wouldn't have given evidence in the first place. What the judge found, was that no confidence was betrayed for the purpose of the Tainted Tree, because no Tobbacco was exchanged.
If anyone would like the legal privilege to listen in Proffessional Confidence, clergy cards are available to everyone willing to accept such burdens. I'm kind of curious as to what's required to hand such cards about...
aaron Find More info -- HERE
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| It's Hypocritical World... | Dec 3rd. at 9:44:08 am EST |
by WhiteRose (Cambridge, England) - wc_xemail
I am starting to write about about Wicca and Paganism, and I am finding it difficult to believe there would be any question over the spiritual mans equality with a Christian priest. The fact that it even made the news says it all.
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| Not Unexpected | Dec 3rd. at 9:31:52 am EST |
by J. M. Song (Malkhut) - wc_xemail
Well, I have the sad, small consolation of being right: either they would find the shaman was not privileged, or that the privilege did not apply in this case.
At least there's some dicta to recognize a shaman's right to privileged communications.
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