Here is the synopsis of our sample research paper on Legal Foundations of Criminal Evidence. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 6 page paper provides an overview of specific legal foundations of criminal evidence, incluidng testimonial privileges. Bibliography lists 4 sources.
Page Count:
6 pages (~225 words per page)
File: MH11_MHFoundCrimJ.rtf
Buy This Term Paper »
Unformatted sample text from the term paper:
of criminal evidence demonstrate methods to protect the rights of the individuals and to protect public interest. Testimonial Privilege Definitions of testimonial privilege generally includes reference to the five
most common types: lawyer/client, doctor/patient, husband/wife, minister/penitent and police/informant (Testimonial Privilege, 2005). In addition, doctor/patient privilege is also applied to privilege between clients and mental health professionals, including
psychologists and licensed clinical social workers. Privilege protects communications between individuals and determines these communications to be inadmissible in court except under certain conditions. Lawyer/client privilege is
the protection of communications that occur between a lawyer and a client, in order to provide the client with the best possible defense. While the information that is related
between a lawyer and client is privilege, not all of the information communicated is protected. For example, a lawyer can be compelled to state the identity of a client,
the physical characteristics of the client and the duration of the clients relationship with the attorney, without applying privilege to that information (See Walsh, 623 F.2d 489, 495 (7th Cir.
1980); Testimonial Privilege, 2005). Doctor/patient privilege, as well as psychotherapist/patient privilege, is two other testimonial protections. The communications between a doctor and patient are privilege unless the
doctor believes that not communicating the information will result in mortal harm to the individual or another person. In terms of direct testimony, doctor/patient privilege is in place unless
the Court determines that the physician acted complicitously in the commission of a crime and that the privilege itself is based on the protection of the doctor from incrimination based
on this role. Testimony between a patient and a psychotherapist is also protected as a testimonial privilege, except under certain conditions. Specifically, if the psychotherapist determines that the
...