This deals with the issue of Attorney Client privilege and an ethical dilemma of a client confessing during a attorney-client privilege about kidnapping and burying a child. The client refuses to admit to it and plead guilty. The attorney is responsible for upholding the attorney privilege as it is monitored by NACDL and ramifications would be disbarment or/and possible prosecution. This is an ethical issue that criminal attorneys sometimes face. This also expounds on the constitutional rights and the criminal justice process.
Ethical Issues of Attorney Client Privilege
The moral issues of attorney-client privilege is one to look at and differ with the moral issue of doing the morally right thing and up holding the attorney-client privilege. The moral challenges are many as one make a great effort to keep a balance of morals in this issue. There is also the obligation of morals to the community. In this stereo, an client during an attorney-client privilege has disclosed that he kidnapped and buried a child. On television a mother is begging for closure and the location of her child. The rights of attorney-client information versus violating the attorney-privilege to give closure to the mother of a murdered child is the moral issue here. The constitutional rights of an offender and the point of justice of a victim are a part of this issue. The issue at hand is of an court appointed lawyer who has a responsibility to defend their client and protect the attorney-client privilege. Thus one is peering into due process of law in fundamental nature. The positive and negative and alternatives open will be probed into in this very important issue in the criminal defense of grave brutal criminals. The options will investigated and be contrasted, also compared. Therefore the importance of attorney-client takes priority here in this ethical problem as this is the legal choice for an defense attorney.
The subject of attorney-client privilege is for one to comprehend and also connect to the legal accountability placed upon an lawyer and his/her legal obligation to due process of the law and the constitutional rights that is protected in this attorney-client privilege. The attorney-client privilege rules make certain that an defense lawyer cannot disclose this information without serious ramifications.
According to the web page
http://www.dartmouth.edu/~legal/, Office of the general Counsel for Dartsmouth College, “clients should be encouraged to be completely truthful with their attorneys, so that the attorney’s legal advice can be based on all relevant facts; “9ofice of the General Counsel for Dartsmouth college, 2009)
This give further details about on the communication of confidentiality so that an client may get the best representation as effective communication is vital between a client and attorney, as the truth enables an attorney to figure out a defense strategy. This comes down to due process of law and the protection of individual rights. This leads one to investigate the rights of an accused criminal. This illustrates that an accused criminal is not guilty(even if media, others think that person is guilty) until tried and convicted or other wise pleads guilty, or takes a plea bargain. The due process model puts the responsibility of proof on the prosecutor to prove beyond a reasonable doubt. Therefore the attorney-client privilege is necessary in the court system as it speak about the rights of individuals.