Privileged Communication For Missouri?

[Beckett]

Does anyone know the laws for Missouri? I have done a little research, but it is either as unclear and undefined as the Marriage ordinances, or I just have no mind for legality.

Additionally, and this is more a personal interest, does any know about the Santuary clause of asylum, for Missouri? (That is, where a person can claim sanctuary inside of a church, and no one, particulalry law enforcement, can remove that person from the place. I know that that is still a little loop hole in North Carolina, or it was in 2000ish, and I think that is an interesting little piece of trivia.)

Edited April 5, 2009 by Beckett

[Dorian Gray]

http://www.moga.mo.gov/statutes/c200-299/2100000140.htm

that should answer your PC question.

I have never read a law allowing for someone to not be arrested based on thier location inside of a church.

[Beckett]

Many thanks, I am trying that now.

The law of Sanctuary/Asylum, is a medieval hold over law that some states just never got rid of. Based on the seperation of church and state authority, and civil authority did not have any jurisdiction on church land. Many of the states that have a more religious, or at least church prominent begining, originally held to these laws.

In regards to that statute, I am a little confussed. I understand what it says, that privelegde is not honored in cases of child abuse, but what about the rest the law? I hate Missouri law. . .

[Fr_Chuck]

sorry with a arrest warrant, or with a search warrant, the police may enter any place, including a church. At times because of news value or political interest they don't when it comes to illegals in large churches but in general unless you have the backing of a large denomination with denomination attorneys I would not try and stop the police.

[mark 45]

basically,all states have an exemption in the privileged communications for"ministers",mental health professionals,teachers,counselors,medical personel,and what ever others.in part,you are requried to report child abuse,or suspected child abuse to the authorities.most all states also require this for such things as:threats of harm to others("i'm going to kill so and so")or self,certin other felonies(this varys by state),and in all states,kidnapping or suspected kidnapping(child abduction).

while i am NOT an attorney,the post dorian gave sometime back was very clear.the penalties involved can be very strict,and just a"fine"may be the least of your worries.

[Dorian Gray]

Mark, you seem to be a bit misguided on this one. The states are pretty varied on what (if any) and on what subjects they allow for Clergy Privilege. In this case, Missouri, Ministers are NOT mandatory reporters. For instance on a federal level, Military Chaplains can not by law report ANYTHING you say to them in the confines of a privileged conversation.

[mark 45]

Mark, you seem to be a bit misguided on this one. The states are pretty varied on what (if any) and on what subjects they allow for Clergy Privilege. In this case, Missouri, Ministers are NOT mandatory reporters. For instance on a federal level, Military Chaplains can not by law report ANYTHING you say to them in the confines of a privileged conversation.

ok,thanks for the correction.i understood certin felonies(child endangerment,attempted murder,those kind of things)were pretty much requried to be reported.i didn't know about military chaplins.makes me wonder what happens if something like that is reported in a privileged conversation.

[Dorian Gray]

You would have check your state's specific laws on the subject. Doing a quick search for Michigan i found this legal article that explains your state's requirements well. http://courts.michigan.gov/mji/resources/d...8_p5-59DVBB.pdf

Here is a great matrix style chart that gives you the basic idea of Clergy's status in various States. The key for most States is that it must be "in the role of being a clergymen" not just because you are a member of the clergy.