July 16, 2008

Should Lawyers Be Able to Break Confidentiality?

I'm going to go out on a limb here and say that the law is in place to provide justice for all. Last month, I posted a blog about an article in which Alton Logan served time in prison for a crime he didn't commit while his lawyers knew the truth the whole time (even before the trial), yet couldn't say anything because of confidentiality rules. Yesterday an article was published by Colin Miller arguing that lawyers should be permitted to break the attornty-client privilege in order to prevent a wrongful conviction. In most states, "lawyers can only break their confidentiality to prevent reasonably certain death or substantial bodily harm". Colin argues wrongful incarceration should be construed as bodily harm, which would allow lawyers to speak up about evidence that hinders thier confidentiality.

It will be interesting to see if any changes in the law are made, because I see this as something that is very important for the system to correct. Why should there be a law that knowingly incarcerates an innocent? Is the focus of the law really on protecting the people and providing justice for all, or is the system more interested in production? These are things for the system to follow-up on.

To read more on the article yesterday: http://www.innocenceproject.org/Content/1471.php

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