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Truth Seeking vs. Attorney Client Privilege

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should truth seeking take precedence over attorney client privilege?

Yes
3
11%
No
24
89%
 
Total votes : 27

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Risottia
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Founded: Sep 05, 2006
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Postby Risottia » Tue Oct 08, 2013 3:26 am

Atra Mors wrote: Granted, not all people charged are always guilty, but it can certainly make the community a safer place.


Creating a police state pretty much, huh?
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The Serbian Empire
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Founded: Apr 18, 2012
Ex-Nation

Postby The Serbian Empire » Tue Oct 08, 2013 4:21 am

Objection! I think that the truth being used unrestricted may render defense attorneys as useless. They got to make a living somehow.
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Atra Mors
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Founded: Dec 11, 2012
Ex-Nation

Postby Atra Mors » Tue Oct 08, 2013 8:36 am

But the societal safety should not be imposed on just so some attorney can keep their job. Besides, there are prosecutors also, the main job of the attorney is to defend, so technically they wouldn't lose their jobs even if truth seeking is enforced because not all persons charged are guilty. They will still be required to defend client until they are found guilty/not guilty or the case is resolved.
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Greed and Death
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Ex-Nation

Postby Greed and Death » Tue Oct 08, 2013 8:44 am

When your at trial there is more at stake than your criminal sentence you have rights. Your attorney argues for your rights in many ways for instance seeking the suppression of evidence. Having to lie to your attorney makes his job that much harder. Another right is the right to have the prosecution prove its case beyond a reasonable doubt.

Both of these rights would be subject to involuntary waiver if attorneys were forced to divulge confidential information.
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Condunum
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Founded: Apr 26, 2011
Ex-Nation

Postby Condunum » Tue Oct 08, 2013 10:06 am

Soy lor n wrote:
Condunum wrote:Yes. If it's name is not incorrect, it's not a right.

I think it may be a specific legal definition referring to privileged communications (so it's the communication that's privileged, not the accused person)
So basically, an accused person has the right to privileged communication with his attorney.

I don't think it's a misnomer, I just don't think it means what it sounds like it means. But I'm in no way a lawyer.

That's actually pretty interesting. Thanks for informing me a bit more on that.
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Terruana
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Posts: 1959
Founded: Nov 18, 2011
Ex-Nation

Postby Terruana » Tue Oct 08, 2013 1:49 pm

Whilst in principle I think legal judgements should be based on the whole truth, I also don't see any practical way of establishing just what the whole truth is. If the current system works, I don't really think it needs changing...
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Agrase
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Posts: 13
Founded: Sep 27, 2012
Ex-Nation

Postby Agrase » Sat Oct 12, 2013 9:31 pm

Atra Mors wrote:But it isn't taking all of their rights away, it is only whatever is necessary to obtain the truth.


It's not saying this, stripping people of their a-c privilege means that the attorneys can disclose any information that their client tells them.

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