Criminal
Jul. 30, 2014
Does 'privileged' communication in custody really exist?
Federal prosecutors are increasingly intercepting emails between incarcerated defendants and their counsel for "security" reasons, creating issues for courts. By Laurie L. Levenson
Recent reports suggest that federal prosecutors are increasingly intercepting emails between incarcerated defendants and their counsel for alleged security reasons. In the process, they are discovering incriminating evidence that they seek to offer against the defendants at trial. If true, this practice raises significant issues for the courts.
Communications between a defendant and his lawyer are supposed to be confidential. Yet,...
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