MBE Rules · Evidence
Governmental Privileges
Government privileges
The rule
The state-secrets privilege absolutely protects military and diplomatic secrets; the informant's-identity privilege is qualified, yielding when the informant's testimony is material to the defense.
In plain English
Governmental privileges protect certain information from being disclosed in court. The state-secrets privilege is absolute for military and diplomatic secrets, while the informant's-identity privilege is qualified and can be overridden if the informant's testimony is crucial for the defense.
Worked example
In a criminal trial, the defense wants to call a witness who is an informant for the police. The prosecution claims the informant's identity should remain confidential under the informant's-identity privilege. However, the defense argues that the informant's testimony is essential to their case. The court allows the testimony, ruling that the need for a fair trial outweighs the privilege.
Memory hook
Secrets of state are locked tight, but informants can spill if justice is in sight.
The trap
Exams may present scenarios where students confuse absolute and qualified privileges, leading them to incorrectly apply the state-secrets privilege to informant identities.
How examiners test it
Questions often involve a fact pattern where a privilege is asserted, requiring students to determine whether it is absolute or qualified and how it affects the case at hand.
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