This entry was posted
on Monday, June 6th, 2011 at 1:01 am by Radley Balko
and is filed under General Criminal Justice.
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Actually, I recall an episode where Andy ticketed a big city woman for speeding, and she chose to stay in jail in protest rather than pay after she found out he was also Justice of the Peace, etc., etc. She wound up getting a lesson on how the “simplified” version of “due process” in Mayberry was really kinda nice, because things were done “differently” there. So unfortunately, Andy might get along all too well with the peckerwood in Tennessee.
Assistant U.S. Attorney Van Vincent argued that the phone calls are not privileged because an automated message stating that calls are not private and will be recorded precedes each call placed by inmates from the jail.
Why stop there? Why not have a recorded message that plays during booking that says all inmates will be beaten until they confess? Hell, according to a fucking Assistant U.S. Attorney, having a recording telling you what rights are going to be stomped on makes the stomping legal!
The Assistant U.S. Attorney’s argument isn’t that horrendous. It’s a well-established exception that privilege doesn’t exist for attorney-client statements voluntarily disclosed by the client or conservations held in the presence of a 3rd party. That’s not to say that the jail doesn’t have an obligation to enable privileged conversations between defendants and their attorneys.