IUB CJUS-P 300 - Final Exam Study Guide (12 pages)

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Final Exam Study Guide

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Final Exam Study Guide


Covers lectures 12-21

Study Guide
Indiana University, Bloomington
Cjus-P 300 - Topics in Criminal Justice

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CJUS P300 1st Edition Final Study Guide Lectures 12 21 Lecture 12 What is attorney client confidentiality Attorney client confidentiality is a highly protected privilege It remains for the client throughout the case and even after the case is closed The purpose of this privilege is because the attorney client relationship must be based on trust it is a fiduciary duty They the lawyer are there to represent you and your interests and they are ethically mandated not to share with others what you have told them in confidence Exceptions to breaking confidentiality There exist a few exceptions to breaking confidentiality If a situation arises which will cause serious bodily harm or death to an individual then you are obligated to report that situation to the authorities As well you are immune from being sued or having an ethical complaint filed against you for breaching confidentiality An example of this would be a child abduction situation The other exception allows you to break confidentiality if you are being sued by your client When you take the stand you can say things that would otherwise have been considered to be confidential What is requesting discovery Within a case discovery is everything that the prosecution has that they are going to use to prosecute the defendant Discovery is an ongoing process it begins at the beginning of a case and ends only when the case is over The prosecutor MUST give the defense lawyer evidence they will be brining into court especially exculpatory evidence This is due to the fact that a defense lawyer can t ask for evidence the prosecutor must give the evidence to the defense What is excluded from discovery Work products of the prosecutor are not discoverable This includes any notes that the prosecutor has made themselves for instance while they were interviewing witnesses They are not required to hand over their own materials to the defense What are depositions They are statements that one side in a litigation or the other takes of

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