1 / 22

Piercing The Privileges

Piercing The Privileges. Presented by : Dee Wampler. Piercing The Privileges. General Overview. Piercing The Privileges. 1.1. Absolute Privilege v. Conditional Privilege. 1.2. Statutory Waiver of Privileges. 1.3. Freedom on Information Act. 1.4. Probation and Parole Records.

donald
Download Presentation

Piercing The Privileges

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Piercing The Privileges Presented by: Dee Wampler

  2. Piercing The Privileges General Overview Piercing The Privileges 1.1. Absolute Privilege v. Conditional Privilege 1.2. Statutory Waiver of Privileges 1.3. Freedom on Information Act 1.4. Probation and Parole Records 1.5. Freedom on Information Act 1.6. Confidentiality of Police Reports 1.7. Hotline Calls 1.8. Physician-Patient Privilege 1.9. Unethical Prohibition of Obtaining Records 1.10. Psychotherapist-Patient Privilege

  3. Piercing The Privileges General Overview (cont.) Piercing The Privileges (Cont.) 1.11. HIPAA 1.12. Sex Crime Medical Records 1.13. Crime Fraud Exception 1.14. Sigma House 1.15. Division of Family Services Records 1.16. School Records 1.17. Juvenile Records 1.18. Confidential Informer Privilege 1.19. In Camera Inspections 1.20. Fighting the In Camera Review

  4. Piercing The Privileges General Overview (cont.) Loosely Connected Police and Prosecutorial Agencies 2.0. Prosecutor’s Files 2.1. Personnel Records 2.2. Crimestoppers 2.3. Government Privileges 2.4. Executive Privileges 2.5. Legislative Acts 2.6. Grand Jury Proceedings 2.7. Arrest Records

  5. Piercing The Privileges General Overview (cont.) Miscellaneous Privileges 3.0. Surveillance Site Privilege 3.1. Fifth Amendment 3.2. Act of Production of Records 3.3. Parent Child Privilege 3.4. Marital Privilege 3.5. Attorney-Client Privilege 3.6. Minister-Penitent Privilege 3.7. Scholar’s Privilege

  6. Piercing The Privileges General Overview (cont.) Miscellaneous Privileges (Cont.) 3.8. Insurance Privilege 3.9. Court Records 3.10. Domestic Violence Shelters 3.11. Reporter’s Work Product Privilege Crime Stopper 3.12. The Brady Doctrine 3.13. AIDS 3.14. Arguing Denial of Discovery on Appeal 3.15. Arguing Your Discovery Motion to the Trial Court

  7. Piercing The Privileges Miscellaneous Privileges -- 3.15 Arguing Your Discovery Motion to the Trial Court 1. Argue that the statute conferring the privilege is conditional and not absolute. 2. Be as specific as possible as to what record you’re wanting and what specifically is in the record that will assist you. 3. The prosecutor will argue you are pursuing a “scorched earth” battlefield, sacrificed to mindless overzealous representation. 4. Make an offer of proof. Put the prosecutor and/or records custodian on the witness stand.

  8. Piercing The Privileges Miscellaneous Privileges -- 3.15 (Cont.) Arguing Your Discovery Motion to the Trial Court 5. Argue that the particular agency is a “closely connected” investigative agency with the prosecutor. 6. Argue that the “in camera” review of the records should not occur. 7. Argue that the prosecutor has had knowledge of the particular report and/or previously had access to it. 8. Even if an in camera inspection is refused, put the records custodian on the witness stand.

  9. Piercing The Privileges Miscellaneous Privileges -- 3.15 (Cont.) Arguing Your Discovery Motion to the Trial Court 9. Stress how serious the crime is. 10. Make a “plausible showing,” not a “helpful or mere possibility” argument. 11. Demand to know rebuttal witnesses and those to be used at sentencing (Stage Two). 12. The state “shall use diligence and make good faith efforts” to get you all necessary poop. So go for it! Don’t be shy!

  10. Piercing The Privileges Miscellaneous Privileges -- 3.15 (Cont.) Arguing Your Discovery Motion to the Trial Court 13. Argue that the privileges are nasty things! Pick apart the supposed reason for the privilege. 14. Defense attorneys must always be on guard for “professional errors.” 15. If you win, you lose because now you don’t have anything to argue on appeal. If you lose, you now have appealable grounds. 16. Finally, prepare rough draft motions the day you are employed and/or obtain discovery.

  11. Piercing The Privileges Court Citations Never Go Into Battle Without a Quiver Full of Arrows! 1. Brady v. Maryland, 373 U.S. 83 (1963) The suppression, withholding, or hiding of evidence by the Prosecutor is wrong. 2. Davis v. Alaska, 415 U.S. 308 (1974) Juvenile records are confidential and closed but must be disclosed if vital for cross-examination.

  12. Piercing The Privileges Court Citations (Cont.) Never Go Into Battle Without a Quiver Full of Arrows! 3. Giglio v. U.S., 405 U.S. 150 (1972) Non-disclosure of evidence is error if there is a reasonable likelihood it could have affected judgment of the jury. 4. Jaffee v. Redmond, 518 U.S. 1 (1996) The attorney-client, spousal, psychotherapist privileges may inhibit probative evidence. What is the sufficient important societal interest we are protecting?

  13. Piercing The Privileges Court Citations (Cont.) Never Go Into Battle Without a Quiver Full of Arrows! 5. Pennsylvania v. Ritchie, 480 U.S. 39 (1987) Don’t be suckered by the prosecutor into this trap. The judge does not have an “advocate’s eye” for an in camera inspection. 6. People v. Stanaway, 521 NW2d 557 (MI 1994) Please read this case. Absolute v. conditional privileges.

  14. Piercing The Privileges Court Citations (Cont.) Never Go Into Battle Without a Quiver Full of Arrows! 7. 6th Amendment “In all criminal prosecutions, the accused shall enjoy…to have compulsory process for obtaining witnesses in his favor…”

  15. Thank You!

  16. Piercing The Privileges Presented by: Dee Wampler

More Related