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Topic: Should the attorney-client privilege be abolished?  (Read 1885 times)

dmathiss

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Should the attorney-client privilege be abolished?
« on: October 28, 2011, 10:16:07 am »
Me and my sister are debating over this issue.

Her opinion: There are people who are murderers, rapist or did something illegal and the Lawyers even thought they know this they can't say anything because of the attorney-client privilege and because of the attorney-client privilege they do everything in their power to win the case not thinking that if they do win the case  these murderers or rapist would go back on the street and do it all over again. It should be abolish so that this people can't get away with what ever they did.

My opinion: There are a couple of reason why I think it shouln't be abolished but I'm gonna name two. First, trust is essential to the attorney-client relationship. If there is no trust there is no point in having an attorney because of fear that that attorney might say something to incriminate the client, the client won't say anything to the lawyer and the lawyer won't know enough to be able to defend the client. Second, the attorney-client privilege is central to the adversary system and the rule of law. If there wasn't attorney-client privilege, the people being accused would have less of a chance to mount a defense, and that would make it easier for the state to deprive people of their liberty, without proving their case.

What are your personal beliefs and views on this subject?

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