THE CRIME FRAUD EXCEPTION: EVIDENTIARY PRIVILEGES IN THE FIGHT AGAINST CORRUPTION IN THE UNITED STATES

被引:0
作者
Bartholomew, Christine P. [1 ]
机构
[1] SUNY Buffalo, Buffalo, NY 14260 USA
来源
DERECHO PENAL Y CRIMINOLOGIA | 2023年 / 44卷 / 117期
关键词
attorney-client privilege; attorney product doctrine; reservation; crime or fraud exception; corruption; evidence; ethics;
D O I
10.18601/01210483.v44n117.06
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The article focuses on the study of the "crime fraud exception" created in the United States, as a tool to combat corruption by eliminating, in certain cases, the reservation of the attorney product doctrine or the attorney-client privilege itself. First, the article outlines the elements on which the exception may fall, and determines its nature and scope. Then, it explains its procedural aspects, in favor of its invocation and, finally, it analyzes its previous impact and future challenges regarding its application in the face of financial and political corruption. It concludes by identifying that the crime or fraud exception is a powerful tool in the fight against corruption, as long as its activation by lawyers is facilitated.
引用
收藏
页码:149 / 178
页数:30
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