Question

o you believe that individuals such as the defendant’s spouse, priest, doctor, or lawyer should or should not be compelled to testify against the defendant? What are the arguments in favor of designating these “privileged communications”? What are the arguments in favor of forcing these individuals to testify?

Answer 1

As the relationship if the defendant with their spouse, priest, docotd or lawyer is highly personal and private, they should not be compelled to testify against the defendant. This would breach the confidentiality and privacy, which is the basis of such relationships.

The argument in favor of designating "priveleged communication" is that the privacy and confidentiality of relationships between defendant and spouse, doctor, lawyer or priest is to be maintained as they the basis for such relationships. And if they refuse to testify against the defendant, it is to be respected on the basis of maintaining the privacy and confidentiality.

Refusal to testify using the "privileged comminicommun" could make victim's position weak, and could hinder in giving out fair justice to the victim. It also increase the chances of recidivism in the defendant, and also may take the chance of correction and rehabilitation for the defendant.