Essay about Governor Attorney-Client Privilege

1128 Words Aug 25th, 2012 5 Pages
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Essay Sample: Page 2
5. An absolute privilege is argued for on the basis of the sovereignty of the 3 branches, but it would obstruct this tripartite system of government by establishing such sovereignty as absolute. It would then devolve the govt. to one where checks and balances become nonexistent.

d. "The impediment that an absolute, unqualified privilege would place in the way of the primary constitutional duty of the Judicial Branch to do justice in criminal prosecutions would plainly conflict with the function of the courts under Article III" (Nixon, 707).

i. "It enjoins upon its branches separateness but interdependence, autonomy but reciprocity" (Id).

b. There will be no “chilling effect” as a consequence of certain circumstances overriding the attorney-client privilege

iii. Govt. attorney client privilege is respected and any attempts to curb it will follow only after it is deemed necessary to advance justice. Therefore, any fears that this will lead to precedents where the courts will freely "choose" to override such a privilege is unwarranted.

6. Interest in confidentiality of communication is not discouraged by the disclosure of a relatively small number of communications shown to be relevant to a criminal case. (In Re Duces Tecum, 919).

iv. Even the
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