To Testify or Not to Testify: A Comparative Analysis of Australian and American Approaches to Parent-Child Testimonial Exemption

Authors

Hillary B. Farber, University of Massachusetts School of Law - DartmouthFollow

Document Type

Article

Publication Date

2010

Abstract

This article begins, in Part I, by explaining the history of the parent-child privilege in the United States. In Part II, the article turns to the Australian experience, looking at the origins of the parent-child testimonial exemption and where it is today. Part III explains how in Australia the restorative approach to juvenile offending and the parent-child testimonial exemption work in tandem to promote, preserve, and strengthen family stability. In Part IV, the article argues that the United States' increased use of the restorative justice practices among young offenders provides traction for recognizing a parent-child privilege because of the mutually supportive relationship between the two. In conclusion, the article suggests that by adopting a testimonial parent-child privilege such as in Australia, the American legal system can likewise promote parent-child relationships that encourage honest communication between parents and children without the fear of compelled disclosure and incrimination.

Comments

Originally published by the Texas International Law Journal in 2010.

Recommended Citation

Hillary B. Farber, To Testify or Not to Testify: A Comparative Analysis of Australian and American Approaches to Parent-Child Testimonial Exemption, 46 Tex. Int'l L. J. 109 (2010).