“Exception to those privileges refer only to future crimes & frauds...”
And since abuse is almost always an ongoing situation, then when someone tells you they are abusing their child, they are disclosing their intent to commit future crimes as well as crimes they have already committed.
“Whether one likes it or not, this is the law.”
Not in Delaware if this law passes. Then THAT will be the law.
“Laws cannot be selectively applied or they cease to exist as laws and become whims of a dictator.”
Nice, so you don’t want a selective exemption for Roman Catholic priests then, I assume?
boogie-
look, its not uncommon for people outside the legal field to lack the foundational knowledge and purposes of certain laws. It’s ok.
But your take is emotional, not legal. Privilege applies to events confessed after the fact. Not future. Priests do not have it by virtue of being a priest, or by hearing a confession. Priests, lawyers and psychiatrists have no privilege at all! It is is confessor/client/patient that is the holder of the privilege, and the only person who can waive it. The lawyer, psych or priest has no say on whether it is waived.
Privilege exists to protect the confessor and allow that confessor the exercise of his guaranteed rights to a defense against criminal charges and being thrown into a cage, religious practice to save their eternal soul, treatment of their psych condition - all out the window AND evicerates the chances of the wrongly accused when their only ally can now be interrogated.
Think this through. What you are suggesting is very, very dangerous and undermines every facet of law, psychiatry and religious practice that exists only because of the secrecy respected of those offices. Without protection you can’t help you defense lawyer, can’t disclose your conditions to your dr., can’t seek absolution in church, for fear they will be interrogated by the gov.
It’s easy to fall into this trap when talking about the pedo priest and innocent kid, but it is entirely off point since the priest has no privilege.
Simple example: You are innocent and wrongfully charged. You think it’d be a good idea for your lawyer to be subject to interrogation by the prosecutor? That is the girl you are dancing with.