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

Question

What will be an ideal response?

Answer 1

Privileges are based on the policy that it is more important to protect the confidentiality of communications within some relationships than it is to have relevant evidence admitted at trial. For this reason, the statements must be made in circumstances that indicate confidentiality is expected. For example, if the statement is easily overheard, then the parties to the privilege themselves indicate that their conversations are not confidential.
Either by legislation or court decisions, communications made in some relationships have been protected by privileges while others have not. Two people can desire confidentiality and take steps to prevent others from hearing their conversations, but unless they are in a relationship where confidentiality is privileged, they do not have the right to refuse to answer questions about their conversations in court.
Parties involved in a privileged conversation must not reveal confidential statements to others. As soon as a person who holds the privilege waives it, it is lost. There is no right to reassert a privilege unless the waiver was done involuntarily. An example of this would be the situation in which a judge erroneously rules that a person must testify about a privileged conversation. The person could claim the privilege in the future because it had not been voluntarily waived.
Privileged communications are a creature of the law. Just as the legislature can create privileges, it can make exceptions to them. If there is an exception that applies, it does not matter whether or not the parties intended to keep the statements confidential, the statements will be admissible in court.