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NCJ Number: 69085 Find in a Library
Title: CONFIDENTIAL COMMUNICATIONS IN THE CORRECTIONAL HALFWAY HOUSE SETTING
Journal: CLEVELAND STATE LAW REVIEW  Volume:27  Issue:4  Dated:(1978)  Pages:565-585
Author(s): R KENNY
Date Published: 1978
Page Count: 21
Format: Article
Language: English
Country: United States of America
Annotation: THE ROLE OF COMMUNITY-BASED CORRECTIONAL PROGRAMS AND THE LAW WITH REGARD TO TESTIMONIAL PRIVILEGES ARE EXPLORED, AND THE ARGUMENT THAT EXTENSION OF THE PRIVILEGE IS LEGALLY APPROPRIATE IS PRESENTED.
Abstract: THE 1974 DISTRICT COURT CASE OF 'KANSAS V. KENNEY,' IN WHICH THE DIRECTOR OF A STATE-FUNDED, COMMUNITY-BASED CORRECTIONAL HALFWAY HOUSE WAS HELD IN CONTEMPT OF COURT FOR REFUSING TO REVEAL COMMUNICATIONS BETWEEN HIMSELF AND RESIDENTS OF THE PROGRAM, ILLUSTRATES THE NECESSITY OF EXTENDING THE CONFIDENTIALITY PRIVILEGE TO CORRECTIONAL HALFWAY HOUSE STAFF AND RESIDENTS. WITHOUT LEGAL PROTECTION, ONE OF THREE UNDESIRABLE RESULTS CAN OCCUR: THE RESIDENT WHO COMMUNICATED SELF-INCRIMINATING EVIDENCE IN GOOD FAITH WILL BE INCRIMINATED, AN EXISTING PROGRAM WILL BE TERMINATED, OR THE THERAPEUTIC PROCESS OF THE PROGRAM WILL BE ABRIDGED. HALFWAY HOUSE PROGRAMS SERVE INDIVIDUALS AT VARIOUS STAGES ALONG THE CRIMINAL JUSTICE PROCESS AND FREQUENTLY OFFER AN ALTERNATIVE TO INCARCERATION OR TO STRAIGHT PROBATION. OF THE TESTIMONIAL PRIVILEGES CURRENTLY RECOGNIZED, FOUR ARE THE MOST COMMON AND WIDELY ACCEPTED. THEY INCLUDE ATTORNEY-CLIENT PRIVILEGE, MARITAL PRIVILEGE, PHYSICIAN-PATIENT PRIVILEGE, AND CLERGYMAN-PENITENT PRIVILEGE. RECENT EXTENSIONS HAVE BEEN RECOGNIZED IN SOME JURISDICTIONS REGARDING CLIENTS OF PSYCHIATRISTS, PSYCHOLOGISTS, CLINICAL SOCIAL WORKERS, ACCOUNTANTS, AND DRUG REHABILITATION STAFFS. THE REAL IMPORTANCE OF THE TESTIMONIAL PRIVILEGE IN THE CORRECTIONAL HALFWAY HOUSE CONTEXT IS FOUNDED IN THE PROTECTION IT AFFORDS THE RESIDENT'S RIGHT TO PRIVACY. CONSIDERING THE RELUCTANCE OF STATE COURTS TO ACT, THE ISSUE IS BEST RESOLVED THROUGH LEGISLATIVE BODIES. FOOTNOTES ARE INCLUDED.
Index Term(s): Community-based corrections (adult); Community-based corrections (juvenile); Halfway houses; Staff client relations; Treatment/Therapeutic Community; Vehicle identification numbers
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=69085

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