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The limitations of attorney-client privilege are outlined. The main rule, 501, places the rules of privilege within the bounds of common law, giving the courts some power over these rules. Spousal privilege is extended, but not in cases of crimes against spouses or children. The privilege does not apply if the spouse is conspiring with the accused to commit a crime. Other privileges include those concerning clergymen, attorneys, journalists. The self-incrimination privilege was extended in the Fifth Amendment.
Many of the privileges are part of common law and are thus found in both states and at the federal level. The standard privileges against self-incrimination, spousal privilege, attorney-client privilege, and privileges for medical practitioners and journalists are all widely held. In each jurisdiction, limits are placed on certain types of privilege for crimes involving children.
There are, however, some significant differences. The South Carolina statutes regarding privilege are fairly similar to those in federal law, but those in North Carolina...
In that state, privilege has been extended to a broad number of professions in which a relationship of confidentiality may have been established with the defendant. Many of the privileges extended in North Carolina, therefore, are not extended in South Carolina, nor in federal law. In some cases, North Carolina had to develop extensive definitions of some professions in order that they be included under privilege provisions.
Works Cited:
South Carolina Code of Laws. (2008). Retrieved May 2, 2009 from http://www.scstatehouse.gov/code./t19c011.htm
North Carolina General Statutes: Chapter 8: Evidence. Retrieved May 2, 2009 from http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0008
Federal Rules of Evidence. Retrieved May 2, 2009 from http://www.law.cornell.edu/rules/fre/rules.htm
Kardell, Robert. (2003). Spousal privileges in Federal law. FBI Law Enforcement Bulletin. Retrieved May 2, 2009 from http://findarticles.com/p/articles/mi_m2194/is_8_72/ai_107930067/
Works Cited:
South Carolina Code of Laws. (2008). Retrieved May 2, 2009 from http://www.scstatehouse.gov/code./t19c011.htm
North Carolina General Statutes: Chapter 8: Evidence. Retrieved May 2, 2009 from http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0008
Federal Rules of Evidence. Retrieved May 2, 2009 from http://www.law.cornell.edu/rules/fre/rules.htm
Kardell, Robert. (2003). Spousal privileges in Federal law. FBI Law Enforcement Bulletin. Retrieved May 2, 2009 from http://findarticles.com/p/articles/mi_m2194/is_8_72/ai_107930067/
privilege of growing up in a suburban community that was largely homogenous I really never had much exposure to feeling different until I reached high school. In my home town, the closest anyone actually seemed to being considered different was if their parents were divorced. Entering high school, however, exposed me to several different new cultures and religions that were remarkably different than my own and for the first
Confidentiality, Integrity, and Availability In the contemporary information systems environment, the security of organizational information resources is essential given an increase of hacker incidents globally. Data confidentiality is essential to ensure that the private information is not disclosed or made available to unauthorized individuals. On the other hand, the integrity is the part of information security that ensures that program and data are exchanged only by an authorized person. The
White Privilege Social injustice encompasses all evils, which may include discrimination, gender bias, racial profiling, and many others. Social injustice, which comes in many forms, is a global problem (Stewart et al., 2012). Based on discrimination; this involves the favoritism of a given group over another. Racial profiling is self-explanatory, and it involves separating people owing to their skin color. This is prevalent in the developed countries, and this helps in
Voluntary Disclosure Concept of voluntary Disclosure The law requires all companies to disclose their financial information, together with additional information either in annual, half-yearly and quarterly financial reports. In this case, the description that best fits such law a requirement is a typical example of mandatory disclosure of information. Apart from the mandatory disclosure of information, the annual report contains the voluntary disclosure of information. Notably, there are other opportunities that can
Parole: The concept of parole has usually been misunderstood by many people because of their failures to distinguish it from probation. Parole has developed as a concept or means of lessening prison overcrowding while rehabilitating prisoners through ways that help them to secure their release through good behaviors. The process of parole basically involves the supervision of a convicted offender after serving part of their sentences in prison and being
I guess at this point he is losing me a bit. The core concept is still that privilege is about controlling access to resources and using physical traits (the first rung of the diversity wheel) as the most powerful means of doing that. I just find that it is hard to see the point he is trying to make in this chapter because he is pretending that there is