About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

47 Clev. St. L. Rev. 41 (1999)
The Parent-Child Testimonial Privilege - Has the Time for It Finally Arrived

handle is hein.journals/clevslr47 and id is 51 raw text is: THE PARENT-CHILD TESTIMONIAL PRIVILEGE-HAS THE TIME FOR IT FINALLY ARRIVED? AMEE A. SHAH' I. INTRODUCTION ................................................................... 41 II. BRIEF HISTORY OF THE PARENT-CHILD PRIVILEGE ............... 42 III. THE CONTROVERSY ........................................................... 45 IV. RECENT DEVELOPMENTS .................................................... 46 V. ANALYSIS OF THE HOUSE BILL .......................................... 47 A. Goals of the Confidence in the Family Act ................ 47 B. Reciprocity ................................................................. 48 C. Confidential Communications vs. Adverse Testim ony .................................................................... 50 D. Definition of Child ...................................................... 52 E. Exceptions ................................................................. 53 V I. SENATE BILL ....................................................................... 55 V II. E FFECTS ................................................................................. 56 V III. PROPOSAL ........................................................................... 58 IX . CONCLUSION ....................................................................... 59 I. INTRODUCTION In late January 1998, Independent Counsel Kenneth Starr subpoenaed Marcia Lewis to reveal to a grand jury communications she had with her daughter, Monica Lewinsky, regarding Monica's relations with President Bill Clinton.2 While most Americans were appalled by such behavior,3 these tactics are not new nor are they uncontroversial. Academics and courts in the United States have been grappling with the issue of compelled parent or child testimony for more than twenty-five 'Associate, Holland & Knight LLP, Washington, DC Office. J.D., 1999, Georgetown University Law Center; B.S., 1994, Webb Institute of Naval Architecture. The author thanks her husband, Amish M. Shah, for all of his help and support, and dedicates this article in memory of her mother, Surekha S. Dharia, whose strength, kindness and love have guided her. 2See Peter Baker, Lewinsky Met Privately with Clinton After Subpoena, WASH. POST, January 29, 1998, at Al. President Clinton was alleged to have met privately with Monica Lewinsky urging her to lie under oath about their relationship during a deposition for Paula Jones' case of sexual harassment against the President. 3Letter from Alex Abrams, Lawyer, to Editor, N.Y. TIMES, March 30, 1998, at A16; David J. Wolfsohn & John S. Summers, Needed In Law and Society: Parent-Child Privilege, PHILA. INQUIRER, February 26, 1998, at Al5; Robert Peterson & Gerald Uelmen, Commentary: Starr's Legacy May Include a New Privilege; Law: Compelling Monica Lewinsky's Mother to Testify Has Spawned Calls for Protecting Parent-Child Communications, L.A. TIMES, April 23, 1998, at B9.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most