Privilege the Concept of Privilege Research Proposal

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The limitations of attorney-client privilege are outlined. The main rule, 501, places the rules of privilege within the bounds of common law, giving the courts some power over these rules. Spousal privilege is extended, but not in cases of crimes against spouses or children. The privilege does not apply if the spouse is conspiring with the accused to commit a crime. Other privileges include those concerning clergymen, attorneys, journalists. The self-incrimination privilege was extended in the Fifth Amendment.

Many of the privileges are part of common law and are thus found in both states and at the federal level. The standard privileges against self-incrimination, spousal privilege, attorney-client privilege, and privileges for medical practitioners and journalists are all widely held. In each jurisdiction, limits are placed on certain types of privilege for crimes involving children.

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There are, however, some significant differences. The South Carolina statutes regarding privilege are fairly similar to those in federal law, but those in North Carolina are far more extensive. In that state, privilege has been extended to a broad number of professions in which a relationship of confidentiality may have been established with the defendant. Many of the privileges extended in North Carolina, therefore, are not extended in South Carolina, nor in federal law. In some cases, North Carolina had to develop extensive definitions of some professions in order that they be included under privilege provisions.

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