INTRAFAMILIAL COMMUNICATIONS

Abstract

Although testimonial privileges undermine the general rule that all relevant evidence is admissible at trial, legislatures and courts have recognized certain privileges primarily to protect. In these cases, the courts and legislatures have balanced the competing interests of full disclosure, on one hand, and the preservation of valued relationship, on the other, and have found that the latter outweighs the former. The attorney‐clint privilege, for example, exists to encourage truthful communications between attorney and client so that the client may obtain complete and accurate legal advice. Likewise, the marital privilege protects confidences between spouses to preserve the institution of marriage. The parent‐child relationship, while certainly valuable to society, has not been afforded the same protection. This note argues that a parent‐child privilege should exist. Basic constitutional principles, as well as comparative and social policy arguments, support the recognition of a parent‐child privilege.