§ 5:10 Potential Constitutional Limitations on Claims of Privilege — The Constitutional Right to Produce Evidence

12 Pages Posted: 12 Jun 2014

See all articles by Christopher B. Mueller

Christopher B. Mueller

University of Colorado Law School

Laird C. Kirkpatrick

George Washington University - Law School

Date Written: 2013

Abstract

Generally under the law a litigant is entitled to every person's evidence in order to pursue a claim or defense. A primary exception to this rule is where the evidence is privileged and hence protected from compelled disclosure. However, even privileged evidence can be compelled to be disclosed in some circumstances, such as where it is critical exculpatory evidence needed by a criminal defendant. This Section discusses the conflict between the law of privilege and a criminal defendant's constitutional right to produce evidence in his defense.

Keywords: federal rules of evidence, Rule 502, waivers, limitations, attorney-client privilege, forensic laboratory reports

Suggested Citation

Mueller, Christopher B. and Kirkpatrick, Laird C., § 5:10 Potential Constitutional Limitations on Claims of Privilege — The Constitutional Right to Produce Evidence (2013). Federal Evidence § 5:10 (4th ed., 2013); GWU Law School Public Law Research Paper No. 2014-21; GWU Legal Studies Research Paper No. 2014-21. Available at SSRN: https://ssrn.com/abstract=2445601

Christopher B. Mueller (Contact Author)

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States

Laird C. Kirkpatrick

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

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