P.C. Basics
This rule provides the legal foundation for Privileged Communication in the military.
What is Military Rule of Evidence 503 (M.R.E. 503)?
Under M.R.E. 503, a person has this right regarding their confidential communication with a Chaplain or Religious Affairs Member.
What is the right to refuse disclosure of the communication?
This Air Force Instruction governs the conduct and policy of the Chaplain Corps, including Privileged Communication.
What is Department of the Air Force Instruction 52-101?
A Security Forces member is volunteering for a Chaplain Corps program, and overhears a confidential communication during their volunteer service that would normally compel them to report a communication, this is required for the Security Forces member.
What is maintain confidentiality?
The SF member may not act on that information since it was obtained while the person was serving as a volunteer for the Chaplain Corps.
This principle requires Chaplains and Religious Affairs Member to protect confidences even when under command pressure.
What is ethical integrity?
This person holds the privilege in a communication with a Chaplain or Religious Affairs Member.
Who is the counselee (the person making the communication)?
The “three-part test” for M.R.E. 503 requires that the communication be (1) to a Chaplain or Religious Affairs Member, (2) as a formal act of religion or conscience, and (3) intended to be ____________.
What is confidential?
According to DAFI 52-101, Chaplains and Religious Affairs members must protect privileged communication even if the individual has transferred or separated, unless this occurs.
What is when the individual consents to disclosure?
A Chaplain or Religious Affairs Member overhears two Airmen talking in the chapel lobby about misconduct. This communication is ________.
What is not privileged communication?
When uncertain whether a situation meets the definition of privilege, a Chaplain or Religious Affairs Member should take this immediate action.
What is consult with the Senior Chaplain or legal office (SJA)?
These are the three requirements for Privileged Communication.
What is: 1) made to a Chaplain or Religious Affairs member 2) as a formal act of religion or conscience and 3) intended to be confidential.
According to M.R.E. 503, these two individuals are considered competent to receive privileged communications in a an Air Force setting.
Who are Chaplains and Religious Affairs members?
This chapter in DAFI 52-101 addresses “Confidential and Privileged Communication.”
What is chapter 9?
A commander orders a Chaplain or Religious Affairs Member to disclose what an Airman said in counseling about a UCMJ violation. The RST member should respond in this way.
What is to respectfully decline and cite M.R.E. 503 and DAFI 52-101?
Privileged communication is not waived unless this occurs.
What is the counselee voluntarily gives consent?
If a communication doesn’t meet the criteria for Privileged Communication, it may still be protected under this ethical standard.
What is confidentiality?
If a counselee discloses intent to harm self or others, the Chaplain or Religious Affair's member's obligation to maintain privilege is limited by this factor.
What is nothing? 100% is 100%
DAFI 52-101 requires Chaplains and Religious Affairs members to train these personnel regularly on confidentiality and privileged communication.
Who are chapel staff and volunteers?
A Religious Affairs Member is asked to confirm whether a specific Airman listed in the duty log as visiting the AMC sought counseling. Providing that information would violate this principle.
What is confidentiality?
Chaplain Corps members will not disclose information that they know could be cross-referenced with other information allowing a member to be identified. (9.8)
Maintaining privilege builds this essential element between Chaplains or Religious Affairs and Airmen.
What is trust?
This document instructs commanders and Airmen that communications to a Chaplain or Religious Affairs Member made in confidence are not to be disclosed without the individual’s consent.
What is DAFI 52-101?
This body of law authorizes the Manual for Courts-Martial, under which M.R.E. 503 falls.
What is the Uniform Code of Military Justice (UCMJ)?
All Chaplains and Religious Affairs Members performing confidential care for children must have these as well.
What is a background check and training? (9.13)
True or False: An Airman confesses intent to harm others, and the Chaplain or Religious Affairs Member determines it is an imminent threat. Privilege may be limited by the duty to protect life or prevent serious harm.
What is False?
Sharing privileged information without consent could damage this critical aspect of the Chaplain Corps’ mission.
What is the credibility and trust of the Chaplain Corps?