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ps205 assignment 3

ps205 assignment 3 - when he dies ABA Model Rules Cited of...

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Alex Shields 000746817 PS 205- Law and Justice NCSU- Spring 2007 Short Assignment #3 Title and Summary of Example The most ethically difficult situation for me is number 18 entitled “Confidentiality: Unprosecuted Homicide.” In the example it states that a client revealed to his lawyer that he committed a homicide five years ago while being tried for another homicide. An innocent man was convicted and had been sent to jail. The lawyer did not inform the local authorities because of his duty of confidentiality. Ethical Issues This would be a very tough situation for me if I was a lawyer. The thought of another man spending the rest of his life in jail for something my client did would give me nightmares. I believe the law should always be about finding the truth and not revealing this fact to the correct people who could get the innocent man out of prison would just seem wrong to me. I would also have to question whether I could say something if the man gets convicted for the homicide or of which he is being charged or
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Unformatted text preview: when he dies. ABA Model Rules Cited of Implicated The rule cited in this case is the Privilege of Counsel and Confidential Communication. This is basically the Attorney/Client privilege which encourages clients to be open with an attorney so that they might represent them to the best of their ability. The footnote explains that the lawyer told the governor the man was innocent but did not reveal his source. The man was given life in prison instead of the death penalty. Justification for the Rule Clients are encouraged to reveal all the facts to their lawyers so that they might be able to defend against what the prosecution is going to throw at them. Although this seems like a cold hearted idea that a lawyer could not say anything while an innocent man rots in prison, he must be able to defend his client to the best of his ability. A lawyer should defend the man as if the man was defending himself and therefore cannot reveal evidence damaging to his case....
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