WHEN INNOCENCE IS CONFIDENTIAL: A NEW AND ESSENTIAL EXCEPTION TO ATTORNEY-CLIENT CONFIDENTIALITY
In: Santa Clara Law Review, Jg. 56 (2016), S. 147
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Zugriff:
Introduction "That it is better 100 guilty Persons should escape than that one innocent Person should suffer, is a maxim that has been long and generally approved," Benjamin Franklin, 1785. 1 That maxim, in one form or another, has been repeated throughout history 2 and has permeated the legal system. 3 It is a part of Supreme Court precedent 4 and taught not just in law schools, but in grade schools as well. 5 Worldwide, this truism has been accepted by many different cultures. 6 The legal system in the United States is based upon the foundation of the Constitution. Within that Constitution are certain rights that conform to the founding fathers' ideal. The Fourth Amendment provides the right to be secure in our homes, free from unlawful search and seizure without probable cause. 7 The Fifth Amendment provides the right to protection against self-incrimination and requires due process of law before a person may be denied life, liberty or property. 8 The Sixth Amendment provides that a person charged with a crime has the right to the effective assistance of counsel and to a compulsory process for obtaining favorable evidence in his case. 9 However, what should the legal system do when the rights of one person are pitted against the rights of another? How can we reconcile allowing one person to exercise their rights when the exercise of those rights pose a threat to the life of another? What would you think if I told you that ...
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WHEN INNOCENCE IS CONFIDENTIAL: A NEW AND ESSENTIAL EXCEPTION TO ATTORNEY-CLIENT CONFIDENTIALITY
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Autor/in / Beteiligte Person: | Belsey, Adam |
Zeitschrift: | Santa Clara Law Review, Jg. 56 (2016), S. 147 |
Veröffentlichung: | 2016 |
Medientyp: | academicJournal |
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