Deck 10: Privileged Communications

Question 1

The attorney-client privilege only applies to preparation of the case for trial.

Answer 1

False

Question 2

All attorneys are mandated to disclose threats of violence made by their clients regardless of any privileged relationship that exists.

Answer 2

False

Question 3

When a person is charged with a crime, the privilege for confidential communications between husband and wife can no longer be used.

Answer 3

False

Question 4

The physician-patient privilege prevents the prosecution from admitting statements the defendant made to his/her personal physician about gunshot wounds sustained during the commission of a crime.

Question 5

Some states allow the wife to decide whether to invoke the privilege not to testify against a spouse but others vest the privilege in the husband.

Question 6

The defense never has the right to obtain copies of complaints in the arresting officer's personnel records.

Question 7

The clergy-penitent privilege is unique in that it has no exceptions.

Question 8

The physician-patient privilege only applies if the patient sought the help of an M.D. for treatment of an existing illness.

Question 9

A confidential conversation loses its status as privileged if the holder of the privilege voluntarily discloses the content of the conversation to someone not covered by the privilege.

Question 10

The jury is not allowed to infer a defendant is guilty based on the fact that he/she invoked a privilege in order to prevent testimony from being introduced at trial.

Question 11

The prosecution's use of a privilege that was not part of the common law in order to prevent testimony from being introduced at a criminal trial violates the defendant's Sixth Amendment rights.

Question 12

The privilege which allows the police to withhold the identity of the informant from the defense applies in all felony cases.

Question 13

Some states refuse to allow the privilege for confidential communications between husband and wife to be invoked during a trial that is held after the marriage has ended.

Question 14

Any evidence, such as the murder weapon, that the defendant turns over to the defense attorney is privileged.

Question 15

The privilege not to testify against a spouse can be used only if the parties are married at the time the spouse is called to the witness stand.

Question 16

The clergy-penitent privilege applies to communications with the clergy regardless of the denomination's doctrines.

Question 17

The clergy-penitent privilege applies to all conversations between a member of the clergy and a person in his/her congregation.

Question 18

Both the laws regarding privileges and the Hearsay Rule must be satisfied in order to have a confidential communication admitted at trial.

Question 19

Privileges are based on a social policy that in some situations confidentiality is more important than revealing relevant evidence at trial.

Question 20

Nearly all states give newspaper reporters a statutory right to refuse to testify about the source of information that he/she collected for a story which was not published.

Question 21

The privilege for confidential communications between husband and wife cannot be invoked if the husband is charged with:

A) domestic violence against his wife
B) child abuse against his step-children
C) bigamy
D) all of these

Question 22

The physician-patient privilege belongs to:

A) physician
B) patient
C) whoever pays the bill
D) all of these hold the physician-patient privilege

Question 23

When the President of the United States invokes Executive Privilege, it is presumed:

A) that the President has the right to invoke the privilege
B) that the President must reveal the requested information if requested by Congress
C) that the President must reveal the requested information if requested by a federal judge
D) that the President must reveal the requested information if requested by the media

Question 24

A confidential attorney-client conversation would remain privileged even though the client was accompanied by their:

A) spouse
B) business manager
C) mother
D) all of these

Question 25

The First Amendment freedom of the press has been interpreted by the U.S. Supreme Court as establishing a privilege for reporters:

A) identity of all sources are privileged
B) only sources requesting confidentiality are privileged
C) only sources who need immunity from criminal prosecution are privileged
D) there is no constitutional privilege for the media

Question 26

Which of the following is an exception to the privilege not to testify against a spouse?

A) spouse abuse
B) abuse of the spouse's children
C) failure to pay child support
D) all of these are exceptions

Question 27

The statutory privilege that protects reporters from going to jail for refusing to reveal the sources applies to:

A) names of the individuals who were interviewed
B) information used for background for a story that was published
C) notes about information the reporter did not include in the published article
D) all of these are covered

Question 28

When the defense demands to know the identity of a police informant, the judge will review the evidence about the police informant:

A) at trial
B) in the judge's chambers
C) with the Grand Jury
D) with the appellate court

Question 29

The privilege not to testify against a spouse can be invoked:

A) only while the husband and wife are actually married
B) as long as husband and wife were married at the time of the conversation in question took place
C) in all cases except divorce cases
D) in civil court but not at a criminal trial

Question 30

The physician-patient privilege applies if the patient consults the doctor for the purpose of:

A) diagnosis
B) treatment
C) obtaining a "second opinion"
D) all of these are covered by the privilege

Question 31

Statements made during the initial conference with an attorney are:

A) not covered by the attorney-client privilege
B) covered by the attorney-client privilege only if the client retains the attorney to represent him/her
C) covered by the attorney-client privilege only if the conference was with the Public Defender
D) covered by the attorney-client privilege

Question 32

If a defendant invokes the privilege against self-incrimination and refuses to testify at trial, the prosecutor should:

A) argue to the jury during closing arguments that they can infer guilt from the defendant's refusal to tell his/her side of the case.
B) ask the judge to cite the defendant for contempt of court.
C) report the defense attorney to the bar association.
D) make no comment on the defendant's invocation of his/her rights.

Question 33

An attorney who has had a privileged conversation with a client can be compelled to disclose:

A) names and dates of consultations
B) reason for the consultation
C) copy of retainer agreement
D) all of these

Question 34

A privilege covers:

A) face-to-face conversations.
B) telephone calls.
C) messages sent by fax.
D) all of these.

Question 35

A defendant waives a privilege by:

A) entering a plea of not guilty
B) terminating the privileged relationship
C) telling someone what was said during a privileged conversation
D) all of these would result in waiving a privilege

Question 36

When the defense files a motion demanding to see the personnel file of the arresting officer, the judge will:

A) review the personnel file in camera before announcing a decision
B) order the Grand Jury to investigate the allegations
C) send the case to an appellate court
D) order the Internal Affairs unit of the Police Department to provide the reports

Question 37

Historically, which of the following were exceptions to the clergy-penitent privilege?

A) acts that violated the doctrines of the denomination involved
B) physical injury to members of the immediate family
C) incest and child abuse
D) historically there were no exceptions to this privilege

Question 38

The clergy-penitent privilege currently applies:

A) only to statements made in the confessional.
B) to all private conversations between the clergy and members of their congregation.
C) to confidential communications for the religious guidance in compliance with the denomination's doctrines.
D) only to the confidential conversation between a member of the clergy and members of his/her congregation.

Question 39

In which of the following situations would the defense have a right to know if a police officer's personnel file contains complaints about the officer's on-duty conduct?

A) If the officer will testify at the defendant's trial.
B) If the officer has been on the department for over 5 years.
C) If the defendant was arrested for battery on the officer but claims he/she acted in self-defense.
D) All of these are all reasons the defendant would have access to the information.

Question 40

The privilege for confidential communications between husband and wife applies to conversations occurring:

A) only if husband and wife are the only people present
B) with husband and wife and their very young children present
C) with husband and wife and members of the immediate family present
D) whenever husband and wife speak about a confidential subject

Question 41

Veronica and Wes were married. They worked out a routine which they used to steal cars. Veronica went to the car dealership and took a test drive in the car they planned to steal and carefully noted where the keys were kept and the layout of the display lots and exits. When she came home, they went out to eat and discussed what she had seen. On the following day, she went back to the dealership and flirted with a salesman while Wes obtained the keys and drove the car off the lot. Veronica and Wes were arrested after they had stolen several cars. Veronica filed for divorce a day before trial because she discovered Wes was having an affair with Yvonne. Wes immediately made a plea bargain with the prosecutor that gave him probation in exchange for testifying against Veronica. A story about the case written by Zena appeared in the local newspaper. Zena cited unidentified sources and claimed that the only reason Veronica participated in the theft was because Wes threatened to kill her if she did not cooperate.Can Veronica call Zena as a witness and force her to tell where she got this information?

A) Yes, the information is crucial to Veronica's defense.
B) Yes, Zena lost the right to invoke the privilege when the story was published.
C) No, Zena has a First Amendment right to refused to reveal her sources.
D) No, if the state where the trial is taking place has a statutory media privilege that covers newspaper reporters.

Question 42

Veronica and Wes were married. They worked out a routine which they used to steal cars. Veronica went to the car dealership and took a test drive in the car they planned to steal and carefully noted where the keys were kept and the layout of the display lots and exits. When she came home, they went out to eat and discussed what she had seen. On the following day, she went back to the dealership and flirted with a salesman while Wes obtained the keys and drove the car off the lot. Veronica and Wes were arrested after they had stolen several cars. Veronica filed for divorce a day before trial because she discovered Wes was having an affair with Yvonne. Wes immediately made a plea bargain with the prosecutor that gave him probation in exchange for testifying against Veronica. Can Veronica prevent Wes from testifying based on the Husband-Wife Privilege Not to Testify against Each Other?

A) Yes, Veronica can if the state where she lives makes the defendant the holder of the privilege and her divorce is not final when Wes is called to testify.
B) Yes, Veronica can because both spouses hold the privilege and can prevent the other spouse from testifying as long as they are still married.
C) No, the privilege cannot be used in criminal cases.
D) No, a spouse who is a defendant cannot invoke the privilege.

Question 43

Pete is on trial for sexually abusing Quint, his 5-year-old son by a former marriage. Pete and Robin, Quint's mother, have been divorced for 3 years. Dr. Stein, Quint's pediatrician, discovered physical injuries indicative of sexual abuse during a routine physical. He reported the case to Children's Protective Services as he was required to do under state law. Pete is a Catholic. When he went to confession, he told Father Tracy, that he had had venial thoughts about Quint but he had never abused Quint. Can Pete successfully require Father Tracy to testify about this statement?

A) Yes, the person who makes the confession holds the privilege.
B) Yes, a person is entitled to introduce his own statements in court.
C) No, Pete cannot force Father Tracy to testify because the Church forbids priests disclosing confessions.
D) No, only the person on the witness stand can decide whether to invoke or waive the privilege.

Question 44

Pete is on trial for sexually abusing Quint, his 5-year-old son by a former marriage. Pete and Robin, Quint's mother, have been divorced for 3 years. Dr. Stein, Quint's pediatrician, discovered physical injuries indicative of sexual abuse during a routine physical. He reported the case to Children's Protective Services as he was required to do under state law. Pete pays for Quint's health insurance. Can Pete successfully prevent Dr. Stein from testifying based on the Physician-Patient Privilege?

A) Yes, the person who pays for medical services can invoke the privilege.
B) Yes, Quint is a minor and cannot invoke the privilege on his own.
C) No, only the insurance company can claim the privilege.
D) No, the privilege does not apply because Dr. Stein is a mandated reporter of child abuse.

Question 45

Explain the policy considerations behind privileges and the basic rules on how they operate.

Question 46

Veronica and Wes were married. They worked out a routine which they used to steal cars. Veronica went to the car dealership and took a test drive in the car they planned to steal and carefully noted where the keys were kept and the layout of the display lots and exits. When she came home, they went out to eat and discussed what she had seen. On the following day, she went back to the dealership and flirted with a salesman while Wes obtained the keys and drove the car off the lot. Veronica and Wes were arrested after they had stolen several cars. Veronica filed for divorce a day before trial because she discovered Wes was having an affair with Yvonne. Wes immediately made a plea bargain with the prosecutor that gave him probation in exchange for testifying against Veronica. Can Veronica prevent Wes from testifying about their conversations based on the Husband-Wife Privilege for Confidential Communications?

A) Yes, if she made the statement in the belief that he would not tell the authorities what she said.
B) Yes, all statements made to a spouse are considered confidential.
C) No, the privilege terminated when she filed for divorce.
D) No, statements made in a restaurant with a waitress present are not confidential.

Question 47

Pete is on trial for sexually abusing Quint, his 5-year-old son by a former marriage. Pete and Robin, Quint's mother, have been divorced for 3 years. Dr. Stein, Quint's pediatrician, discovered physical injuries indicative of sexual abuse during a routine physical. He reported the case to Children's Protective Services as he was required to do under state law. Can Pete successful prevent Robin from testifying about a conversation they had before their divorce in which he said he wanted to join North American Man / Boy Love Association (NAMBLA)?

A) Yes, if the statement was made in a confidential setting.
B) Yes, all conversations between husband and wife are privileged.
C) No, they are no longer married.
D) No, he did not belong to NAMBLA at the time.

Question 48

Explain the defendant's constitutional rights to information in the hands of the police.

Question 49

Compare and contrast the attorney-client privilege with the physician-patient privilege.

Question 50

Alice is on trial for sale of cocaine. She was arrested because she sold cocaine to Bill during an undercover drug investigation. Bill had previously been arrested for drug possession and had agreed to participate in the "sting" order to get the charges against him dropped. Officer Cowan, who arrested Alice, obtained a warrant to search her home for cocaine. The official inventory shows that 6 kilograms of cocaine were discovered in Alice's refrigerator. An Internet blogger who uses the name Honest John has posted several blogs claiming that Officer Cowan is notorious for lying about what he finds when executing search warrants. Alice's public defender filed a discovery motion asking for a copy of Officer Cowan's personnel file:

A) Alice's public defender should be allowed to review Officer Cowan's personnel file because this is a routine procedure when preparing for trial.
B) Alice's public defender must establish that information in Officer Cowan's personnel file is relevant to Alice's defense.
C) The motion will be denied because personnel files are privileged under all circumstances.
D) The motion will be denied if the Chief of Police exerts executive privilege.

Question 51

Alice is on trial for sale of cocaine. She was arrested because she sold cocaine to Bill during an undercover drug investigation. Bill had previously been arrested for drug possession and had agreed to participate in the "sting" order to get the charges against him dropped. Officer Cowan, who arrested Alice, obtained a warrant to search her home for cocaine. The official inventory shows that 6 kilograms of cocaine were discovered in Alice's refrigerator. An Internet blogger who uses the name Honest John has posted several blogs claiming that Officer Cowan is notorious for lying about what he finds when executing search warrants. Alice's public defender filed a motion asking for an itemized list describing all disciplinary actions taken against members of Officer Cowan's department because of "sting" operations conducted by the police department in the last 5 years

A) The motion should be granted because the files are public records.
B) The motion should be granted because Officer Cowan has been involved in other "sting" operations.
C) The motion should be denied because it involves personnel files of officers who are not involved in Alice's arrest.
D) The motion should be denied because information about disciplinary actions are never revealed to the defense.

Question 52

Compare and contrast the privilege for confidential communications between husbands and wives with the husband-wife privilege not to testify against each other.

Question 53

Alice is on trial for sale of cocaine. She was arrested because she sold cocaine to Bill during an undercover drug investigation. Bill had previously been arrested for drug possession and had agreed to participate in the "sting" order to get the charges against him dropped. Officer Cowan, who arrested Alice, obtained a warrant to search her home for cocaine. The official inventory shows that 6 kilograms of cocaine were discovered in Alice's refrigerator. An Internet blogger who uses the name Honest John has posted several blogs claiming that Officer Cowan is notorious for lying about what he finds when executing search warrants. Alice has determined that Honest John's real name is John Evans. She has subpoenaed John to testify and ask him where he got the information about Officer Cowan.

A) John has a First Amendment right as a member of the media to refuse to appear in court.
B) John must obey the subpoena but he can invoke the First Amendment as grounds for refusing to answer questions.
C) John can invoke a federal media privilege because he published the story on the Internet.
D) John can invoke the state's statutory media privilege only if it extends to bloggers as well as reporters in traditional media outlets.

Question 54

What other evidentiary issues must be considered in conjunction with privileges?

Question 55

Alice is on trial for sale of cocaine. She was arrested because she sold cocaine to Bill during an undercover drug investigation. Bill had previously been arrested for drug possession and had agreed to participate in the "sting" order to get the charges against him dropped. Officer Cowan, who arrested Alice, obtained a warrant to search her home for cocaine. The official inventory shows that 6 kilograms of cocaine were discovered in Alice's refrigerator. An Internet blogger who uses the name Honest John has posted several blogs claiming that Officer Cowan is notorious for lying about what he finds when executing search warrants. Does Alice have the right to know Bill's name and arrest record?

A) Alice has a constitutional right to the name of the informant only if it is crucial to her defense.
B) Alice has a constitutional right to all information that the police have about Bill.
C) Alice has no constitutional right to information about Bill because she saw him purchase drugs and should be able to identify him.
D) Alice has no constitutional right to information about Bill because she has a public defender who has investigators who work on her cases.