I think the federal law against child pornography is more important. The health and welfare of a child (or other human being) is more important than attorney-client privilege. If a doctor knew that his patient is going to kill someone, he also has a duty to try to stop it. An attorney also has that same duty.
Shanahan, Sara Jane. "Another View: The Eroding Attorney-Client Privilege - NYTimes.com." NYTimes.com. The New York Times Company, 2 Nov. 2009. Web. 10 Mar. 2011.
The moral dilemma identified in the Lake Pleasant Bodies case is an attorney’s disturbing conflict with his competing rights to his client and as Badaracco (2009) states “…and his empathy for the victims’ families” (Badaracco, 2009, p. 6). In the case study, Attorney Frank Armani sympathizes with the father of a victim and questions divulging confidential information that would breech the attorney-client agreement with his client Frank Garrow. Additionally, the moral dilemma includes the overwhelming decisions Armani faced constructing a plausible defense for this client and at the same time setting aside his personal reservations regarding his clients guilt.
According to the Merriam-Webster Dictionary, Obscene is defined as “disgusting to the senses, repulsive”. California law defines obscene matter as “taken as a whole, that the average person applying contemporary statewide standards, appeals to the prurient interested, that taken as a whole depicts, or describes sexual conduct in a patently offensive way and that taken as a whole, lacks serious literary, artistic, political, or scientific value”. Obscenity refers to the examination of books, periodicals, plays, films, television and radio programs, news reports, and other communication media. The objectionable material may be considered immoral or obscene, heretical or blasphemous, seditious or treasonable, or injurious to the national security.
In this new age of Information, the Internet has made all types of information readily available. Some of this information can be very useful, some can be malicious. Child pornography, also known as Paedophilia is one of these problems. Any one person can find child pornography on the internet with just a few clicks of the mouse using any search engine. Despite webmaster's and law enforcement officials' efforts to control child pornography and shut down illegal sites, new sites are posted using several ways to mask their identity.
“With liberty and justice for all.” Now this all too familiar clause is often forgotten like the toils of soldiers on the battlefield, repeated ad nauseum throughout the echoing literature left by our founding fathers and throughout the annals of history. America has been shown to persevere through the greatest of trials truly reflecting the American patriot’s desire to not only uphold freedom, equality, justice and humanity, but also to remember the faint yearning whispers of the oppressed crying out “Let freedom ring!” According to Michmerhuizen the Attorney-Client Privilege means “The concepts of lawyer confidentiality and Attorney-Client Privilege both concern information that the lawyer must keep private and are protective of the client’s ability to confide freely in his or her lawyer ” (1). I firmly believe that the Attorney-Client Privilege should not be abolished because it would be changing something our nation has been exposed to for so long, helps build a good relationship between client and attorney, and is most importantly the right of every American citizen. Although the other side of the issue makes valid arguments, the constitutional rights of every American citizen and the long-standing tradition of the Attorney-Client Privilege is the epicenter of the monumental success to our judicial system.
Attorney-client privilege “prevents a lawyer from being compelled to testify against his or her client” (Attorney Client Privilege 2011). Therefore, the underlying purpose of attorney-client privilege is to enable a lawyer’s ability to provide clients with competent and accurate legal advice by encouraging them to knowingly divulge information that will remain confidential. Attorney-client privilege applies to oral and written communications and it also protects corporate and individual clients. For example, ABC Company discussing a new contract with a lawyer is covered under the attorney-client privilege. However, there is a crime-fraud exemption that states that mentioning intentions to commit or conceal a criminal or fraudulent act during a meeting with the lawyer results in the waiving of attorney-client
The federal ”Baby Doe” rule was the first effort made by the US government to get involved in the treatment options for newborns born with serious congenital defects. The case started in 1982 in Bloomington, Indiana in concerns to an infant baby who went by the name of Doe. The topic of impaired infants born with severe congenital defects gained national attention in April of 1982 when baby Doe was born. Baby Doe was born with Down Syndrome a genetic condition that delays child development and he was also born with an abnormal assembly of the trachea and esophagus. Baby Doe needed immediate surgery to mend the birth defects.
In July of 1994, a little girl named, Megan Kanka, was raped and strangled. They found her body near her home in Hamilton Township, New Jersey. The story of thing young girl has shocked the nation. The man responsible for this brutal act is named, Jesse Timmendequas. He had been convicted twice prior to this attack.
The essence of the American dream stems from freedom. Before this nation was even called the United States of America, religious separatists ventured across the Atlantic Ocean so that they would be free to practice a religion that was not controlled by the state. Today, we find ourselves in a constant battle with ethics, morals and values in the United States. Seeing that we are a nation that is culturally diverse myriad of cultures and religions has been mixed together and the final outcome is the society that we live in today. A serious conflict between the “morally correct” and the “ethically deficient” is the topic of sex and sexuality. Most of the arguments against adult entertainment stem from the belief that it is morally wrong. Maybe in another country where a certain distinct religion was the foundation of our beliefs I would be less likely to fight these ideas. However in the United States the mixture of different cultures, belief systems, and constitutional rights allows me to think that people should be allowed to chose what they want to believe.
Internet a bad name. There is also information on the Net that could be harmful
Pornography is yet one of the most popular topics of today's society. Questions are being brought up about how pornography has had an effect on our everyday life styles. Pornography provokes violence through its explicates of obscenity through the literature and the media. Technology has been manipulated by these pornographic materials , and this isn't fair to the public. How do we put a stop to this? The law officials are trying to restate some of the laws that refer to the pornographic field, but it has become a great deal of struggling. The struggle is due to the avoidance of the invading each of the individual's constitutional rights granted to them, that is the freedom of speech and press. This topic has been hard to do research on because it is a really complicated subject to understand. This topic has really been neglected in the past so it is now come to overpower the people and haunt them in every way. One way in which the legal system has tried to regulate against pornography was by decreasing the amount of publications of obscenity illustrated of pornography through censorship. In the case of Mutual Film Corporation. Verses Industrial Communication, in 1915, the case had to do with Ohio state censorship, and the attorneys for this film declared that through pre-censorship there will be a violation of rights. this provoked the state supreme court to decide that movies were not entitled to share the same protection of constitutional rights as other media areas. Now the court decided to make clear that when films are being previewed before distribution bans cannot be made unless on grounds of constitution.
Since the creation of pornography, there has been a considerable amount of debate over the moral permissibility of censorship on pornographic material. Many groups and individuals have questioned the right to pornography because of concerns over obscenity and the potential harm pornography might cause. In his book On Liberty, Mill provides theories on how one might address issues of harm, to the extent of one’s personal liberty. When applying the harm principle, would Mill permit the censorship of pornography? Mill would not permit the censorship of pornography based on his principles and beliefs.
The government has passed some laws which are intended to protect children on the internet. The Children’s Online Privacy Protection Act (COPPA) and Children’s Internet Protection Act (CIPA) are to give protection for children who are accessing the internet. There are requirements and protective information for both COPPA and CIPA. Both acts are similar and different in ways to protect children but needed to be done with two acts. There are challenging elements with the COPPA and CIPA to implement in order to be compliant with the acts. There are reasons for the acts to define protection for different age groups such as COPPA defines a child under 13 and CIPA is under 17. When COPPA and CIPA was made into law, there were people who were for the acts but there were also people who opposed the acts.
One of the basic doctrine between a client and a lawyer is confidentiality. Clients seek confidential advice from their attorney’s and trust their attorney to protect that advice to the fullest extent that the law permits. However, there are instances when the scope of protection is not as clear. In these instances, there have been different and conflicting decisions reached by the courts when determining the best protection for confidential and privilege communication. Some of the decisions have caused innocent people like Alton Logan to suffer for 26yrs for a crime he did not commit, on the other hand, the United State judicial system offers a strong defense as one of its basic tenets. This paper will review the attorney-client privilege and provide arguments for and against the
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