Preview

attorney-client privelge

Good Essays
Open Document
Open Document
764 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
attorney-client privelge
In the United States criminal juctice system truth seeking ought to take presidence over attorney client privielege.
I provide the following definitions for clarification:
Truth-seeking- According to the International Center of Transitional Justice truth seeking is Truth commissions are not judicial inquiries. Th ey do not establish individual criminal responsibility for specifi c crimes, determine punishment, or use the standards of due process applicable in a court of law. If they gather evidence useful for a criminal investigation, their inquiries may precede or com- plement the work of a court of law.
Ought- a moral obligation.
Presidence- the condition of being considered more important than something else.
Attorney client privilege-
U. S. criminal justice system-
The value for this debate ought to . be the value of order due to the facrt that laws that mst be followed or else we descend to chaos. With attorney-client privelge, those who have broken the law are being protected while those who haven’t broken the law are being punished. This is not order. If we were to lookmoreover at thruth-seeking those are are guilty will be brought to justice and order will be maintained.
For my first contention, there is no benefit to the secrey requiremtnet within attorney- client privilege. It does not encourage honesty and candor. This requiremtn of confidentially limits application of the prveleg and provides a theoretical brightline for determining when the privelege’s protection begins and ends. By guaranteeing that privileged communicaions between an attorney and client, the assumption underlying the priveleg is that the client will be encouraged to be more forthright with his attorney. These enhanced discloures to the attorney will make it possible for the attorney to give more accurate advice, which will increase the clients understanding of and compliance with legal responsibiites. If we allow truth-seeking not to occur, then there is more
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Questions Week 3
    • 314 Words
    • 2 Pages

    Questions Week 3

    It is protected in order to ensure that the client can feel secure and not feel as though whatever he/she discloses will be put out to any third party. The underlying principle of the privilege is to provide for sound legal advice and advocacy, subsequently the client may be more willing to communicate to the counsel things that might otherwise be suppressed. As a result the attorney should be able to offer more accurate and well-reasoned professional advice.…

    • 314 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Better Essays

    Lincoln-Douglas Debate 2013 November/December Topic
    • 2385 Words
    • 7 Pages

    Lincoln-Douglas Debate 2013 November/December Topic

    Melanie B. Leslie, Law Professor from the Benjamin Cardozo School of Law, wrote, “Consequently, the contents of attorney-client communications are extraordinarily relevant and reliable evidence. If the point of litigation is to deduce the truth, why exclude attorney-client communications? Most evidentiary rules further the search for truth. Hearsay is excluded as unreliable, character evidence as unduly prejudicial. The law of privileges is a stark exception because it conceals evidence that is highly reliable and probative. We tolerate attorney-client privilege because we suppose that without it, fear or ignorance would cause clients to omit, slant, or falsify information when consulting attorneys. Perhaps unwittingly, clients would forfeit the opportunity to obtain sound legal advice. The privilege, therefore, enables clients to function effectively in the legal system. The price is the exclusion of relevant and reliable evidence.”…

    • 2385 Words
    • 7 Pages
    Better Essays
    Read More
  • Satisfactory Essays

    Attorney / Client Privledge
    • 349 Words
    • 2 Pages

    Attorney / Client Privledge

    With the American Criminal Justice System, a person accused of a crime has the right to be represented by an attorney to advise them and represent them in a court. Attorneys must meet with clients and get information from the client to help form a strong defense strategy for their case. Attorney and their clients have what is known as attorney-client privilege, which allows attorneys to keep conversations between and information gain from their clients confidential except in the formation of the defense’s case. Privilege is essential for communication, trust and confidentiality.…

    • 349 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Best Essays

    Powell V Birmingham Jail Case Study
    • 1666 Words
    • 7 Pages

    Powell V Birmingham Jail Case Study

    The Significance of the Right to Effective Counsel in a Criminal Case and Powell v. Alabama…

    • 1666 Words
    • 7 Pages
    Best Essays
    Read More
  • Better Essays

    Gideon V Wainwright Case
    • 933 Words
    • 4 Pages

    Gideon V Wainwright Case

    The criminal justice system has come a long way in providing Due Process for all defendants. Amongst all the opinions, one thing runs the same; each and every defendant must be provided adequate representation for their criminal cases. Whether or not the client can provide their own, legal assistance must be provided as to ensure the defendant’s rights are protected. The right to adequate counsel should never be a luxury only affluent people can provide, but thanks to the Sixth Amendment, every citizen has a right…

    • 933 Words
    • 4 Pages
    Better Essays
    Read More
  • Powerful Essays

    Fifth Amendment Research Paper
    • 4738 Words
    • 19 Pages

    Fifth Amendment Research Paper

    The prosecution can expose whether Witness and Defendant have colluded in an effort to mislead the jury, or, conversely, can clear an innocent defendant. In sum, by granting use immunity and assuming Witness' truthfulness, 2 1 we can avoid the two flaws of convicting an innocent defendant or freeing a guilty defendant. The state of the law in this area invites several observations about evidentiary and constitutional law. Forbidding Defendant from trying to benefit from Witness' assertion of the fifth amendment is an example of the choice evidence law often makes: to exclude problematic evidence rather than to search for ways to help the jury identify and understand estimation problems. Although the import of Witness' privilege assertion is not pellucid, the court could help the jury more than it does in the typical trial by noting the inferences the jury might draw. 22 Alternatively, as this article suggests in Part V, the law might adopt a model of admissibility loosely drawn from discovery rules. Under this model, Defendant (and perhaps any party) could introduce any relevant evidence as long as he shared it with the prosecution far enough in advance of trial to enable the prosecution to investigate. Finally, we need to ask whether Defendant's sixth amendment right to compulsory process includes the right to try to profit from Witness' fifth amendment privilege assertion. Arguably, the sixth amendment topples the categorical rule that no litigant, not even the…

    • 4738 Words
    • 19 Pages
    Powerful Essays
    Read More
  • Better Essays

    Role Of Plea Bargaining In Criminal Justice
    • 1578 Words
    • 7 Pages

    Role Of Plea Bargaining In Criminal Justice

    Kathryn’s duty to do justice as the prosecutor, also applies during plea bargaining, whereby, a persons guilt must be established based on proof beyond a reasonable doubt. As such, the prosecutor’s primary objective “is to avoid punishing an innocent person. Because a prosecutor is obligated to act in all stages in the criminal justice process consistently with the sovereign's view that it is more important to avoid punishing the innocent, this principle applies to a prosecutor's efforts in resolving cases pre-trial” (Stern 1034). Regardless of how confident the prosecutor is of the defendant’s guilt, the prosecutor must ensure he does not offer a plea bargain that would result in an innocent individual to plead guilty as such an offer would subordinate the purpose of preventing an innocent individual from being punished to that of punishing a guilty individual, “thereby failing to strike the balance that justice requires” (Stern 1035). O’Hear suggests that a defendant should have the opportunity to convey their side of the story in order for the defendant to avoid getting convicted if they are innocent. It would also be beneficial to enhance the defendants perceptions of procedural justice by developing an objective criteria in order to direct plea negotiations and explain the prosecutors…

    • 1578 Words
    • 7 Pages
    Better Essays
    Read More
  • Powerful Essays

    Attorney Client Privilege
    • 2114 Words
    • 9 Pages

    Attorney Client Privilege

    Attorney Client Privilege, which originated in Roman and canon law, has evolved into a recognized judicial doctrine and is necessary in order to provide clients with access to effective, well informed counsel. In Upjohn Co. v US the Supreme Court the Court stated that “Its purpose is to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of justice.”(a)…

    • 2114 Words
    • 9 Pages
    Powerful Essays
    Read More
  • Satisfactory Essays

    Explain The Difference Between Privilege And The Accountant-Client Privilege
    • 279 Words
    • 2 Pages

    Explain The Difference Between Privilege And The Accountant-Client Privilege

    Explain the difference between the attorney-client privilege and the accountant-client privilege. Why is this important distinction? Why do you think that the law doesn’t provide the same level of privilege for accountants as it does for attorneys?…

    • 279 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Explain The Constraints Of Truth Commissions
    • 1168 Words
    • 5 Pages

    Explain The Constraints Of Truth Commissions

    In order to be successful in seeking the truth and promoting reconciliation, a truth commission need to work with commensurate institutional frameworks, such as democratic political systems and effective legal…

    • 1168 Words
    • 5 Pages
    Good Essays
    Read More
  • Good Essays

    Jeopardy In The Criminal Justice System
    • 281 Words
    • 2 Pages

    Jeopardy In The Criminal Justice System

    The justice system of this country could be in jeopardy. The United States criminal justice system is a set of agencies controlled by the government that control criminals and give out sentences to those who break the law. With today's most unpopular criminals, the lawyers that defend them take a huge social loss as society feels them as being sympathizers to the criminal or being supportive of their cause. Be cause of this, more lawyers are not accepting moralizing challenging cases as a result from the backlash from society and threats from accepting theses case. In the excerpt from the editorial of Jones, a criminal defense lawyer, he agrees saying “At a more fundamental level, Ms. Cheney and others are making fearless lawyers an endangered…

    • 281 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    History of Criminological Thought
    • 4746 Words
    • 19 Pages

    History of Criminological Thought

    The use of the word ought, it is a command or prescription. It is a statement of the rationality of people.…

    • 4746 Words
    • 19 Pages
    Good Essays
    Read More
  • Better Essays

    South Africa Truth and Reconciliation Commission
    • 2336 Words
    • 10 Pages

    South Africa Truth and Reconciliation Commission

    A truth commission is a form of justice, a justice that can either be accepted or disapproved by the victims. The main focus of a truth commission is to investigate previous atrocities that took place in the country and to offer a political reform that will set an ongoing process of change. On December 1995, The Truth and Reconciliation Commission (TRC) was established by parliament and was closed on 2000. The TRC investigated killings by police, disappearances, torture, abuses, and violence. The TRC had three committees: The Human Rights Violations Committee, The Reparation and Rehabilitation Committee, and The Amnesty Committee. The Human Rights Violations Committee investigated the crimes committed during the apartheid era. The Reparation and Rehabilitation Committee gave assistance to victims and promoted forgiveness. The Amnesty Committee gave the perpetrators the opportunity to confess their participation in the abuses that went on from 1960 to 1994. Those who wanted a pardon had to fully say the truth…

    • 2336 Words
    • 10 Pages
    Better Essays
    Read More
  • Powerful Essays

    South African Truth and Reconciliation Commission
    • 4164 Words
    • 17 Pages

    South African Truth and Reconciliation Commission

    Truth commissions can be easily defined as “bodies set up to investigate a past history of violations of human rights in a particular country – which can include violations by the military or other government forces or armed opposition forces.” (Hayner 1994: 558)1 they are “officially sanctioned, temporary, non-judicial investigative bodies ... granted a relatively short period for statement-taking, investigations, research and public hearings, before completing their work with a final public report. Mandates of the commission were principally in charge of examining and documenting all the incidents that had occurred during the 1960's and in one of the first elections of the democratic state in 1994. They fundamentally consisted of three separate committees:…

    • 4164 Words
    • 17 Pages
    Powerful Essays
    Read More
  • Good Essays

    On Lawyers
    • 513 Words
    • 3 Pages

    On Lawyers

    “The legal system has been devised around the world for lawyers to take advantage of ordinary citizens.” Discuss…

    • 513 Words
    • 3 Pages
    Good Essays
    Read More

Related Topics