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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
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