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Pro Con Speech
Here
is a pro con speech which is a controversial, argument of policy
on why attorney-client privilege should be abolished. Enjoy and
I hope it gives you some ideas on writing your own controversial
speech!
Beginning
of Pro Con Speech
Should
We Protect The Guilty?
Attorney-client
privilege is one of the most sacred rules in of the American court
system today. The idea that you can say anything you want to your
attorney, and he or she will never have to reveal your words is
one of the principles the court system is founded upon.
Does
attorney-client privilege uphold the two goals of the justice system,
which are; convict the guilty and protect the innocent? In truth,
it does not, and this practice should be abolished in order to ensure
an American court system that works to the best of its ability.
The
critics of this idea have some really good points working in their
favor. They suggest that people can be convicted if they don't have
access to legal advice. Defendants may not seek that legal advice
if they think that speaking to an attorney will get them in trouble.
As a result, claim the critics, it is necessary to guarantee that
their discussions with attorneys are privileged, so they can seek
the help they need, and get as much justice from our system as any
other party.
Their
argument continues with the line of thought that in order to get
the justice they require from the system, they must be able to hand
all of the facts of the case over to their attorney, even if there
are self-incriminating facts involved. By making sure that the discussions
are private, a proper trial can proceed.
Critics
claim that clients both want and need confidentiality for a variety
of reasons, not just guilt of a crime, and taking that right away
might make them liable for civil damages they wouldn't otherwise
have to face. They take the argument one step further by suggesting
that fear of the court system by attorneys would only damage the
judicial system by increasing a lack of compliance with judicial
orders.
These
arguments have some real flaws. The simple truth is that justice
relies on the fact that guilty people will be punished and innocent
people will go free. Attorney-client privilege promises that neither
of these things is going to happen. The courts can't have access
to important documents or other information that shows someone has
committed a crime or that demonstrates evidence that someone else
is innocent.
People
don't seek legal advice because it is confidential. Lots of people
confide in non-legal parties (like friends and relatives), knowing
that these people may have to eventually testify against them. Moreover,
whether we have attorney-client privilege or not, people withhold
information from their lawyers, hoping to save their reputations.
Laws were designed to protect the innocent, unfortunately this law
more often than not protects the guilty.
There
are hundreds of situations where civil interests should be protected
before a client's interests, and the courts should make that decision
accordingly. If an innocent person is going to jail because of attorney-client
privilege or knowledge of a crime is being covered up, say a financial
crime that will be devastating to thousands, an attorney has an
ethical obligation to report that, and attorney-client privilege
stands in the way of that.
Keeping
attorney-client privilege in our system only allows the guilty,
the rich, and the powerful to dominate our society, despite what
any critics may say.
Our
justice system was founded on protecting the rights of the innocent,
and that simply cannot happen with archaic rules like attorney-client
privilege.
End
of Pro Con Speech
That's
it! So what do you think? Are you for or against the argument of
policy in this pro con speech?
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