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View Poll Results: Should prosecutors be allowed to read emails between inmates and their lawyers?
Yes 7 17.50%
No 33 82.50%
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Old 07-23-2014, 10:38 PM  
planetdoc planetdoc is offline
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Prosecutors Are Reading Emails From Inmates to Lawyers

http://www.nytimes.com/2014/07/23/ny...yers.html?_r=0
(highlights)

Quote:
Jailhouse conversations have been many a defendant’s downfall through incriminating words spoken to inmates or visitors, or in phone calls to friends or relatives. Inmates’ calls to or from lawyers, however, are generally exempt from such monitoring. But across the country, federal prosecutors have begun reading prisoners’ emails to lawyers — a practice wholly embraced in Brooklyn, where prosecutors have said they intend to read such emails in almost every case.

The issue has spurred court battles over whether inmates have a right to confidential email communications with their lawyers — a question on which federal judges have been divided.

“It’s very troubling that the government’s pushing to the margins of the attorney-client relationship,” said Ellen C. Yaroshefsky, a professor at the Cardozo School of Law.

Defense lawyers say the government is overstepping its authority and taking away a necessary tool for an adequate defense.

While prosecutors say there are other ways for defense lawyers to communicate with clients, defense lawyers say those are absurdly inefficient.

A scheduled visit to see Syed Imran Ahmed, a surgeon accused of Medicare fraud who is being held at the Metropolitan Detention Center in Sunset Park, Brooklyn, took lawyers five hours, according to court documents filed by one of Dr. Ahmed’s lawyers, Morris J. Fodeman. The trip included travel time from Manhattan and waiting for jail personnel to retrieve Dr. Ahmed.

Getting confidential postal mail to inmates takes up to two weeks, Mr. Fodeman wrote. The detention center, like all federal jails, is supposed to allow inmates or lawyers to arrange unmonitored phone calls. But a paralegal spent four days and left eight messages requesting such a call and got nowhere, Mr. Fodeman wrote.
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Old 07-23-2014, 10:43 PM   #2
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Throwing out possible incriminating statements in the e-mails. Its not exactly a fair trial when one side knows the strategy the other is going to take.
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Old 07-23-2014, 10:48 PM   #3
Mr. Kotter Mr. Kotter is offline
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Inmates....lose most of their rights. Period.
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Old 07-23-2014, 10:52 PM   #4
GloucesterChief GloucesterChief is offline
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Quote:
Originally Posted by Mr. Kotter View Post
Inmates....lose most of their rights. Period.
The example given in the post is a doctor that is being held but has not yet been convicted.

Correct me if I am wrong but don't you need a conviction first before stripping someone of their rights?
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Old 07-23-2014, 10:53 PM   #5
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Quote:
Originally Posted by Mr. Kotter View Post
Inmates....lose most of their rights. Period.
Bullshit. If you believe that, let's just do away with the whole concept of attorney/client privilege.
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Old 07-23-2014, 10:58 PM   #6
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Quote:
Originally Posted by GloucesterChief View Post
The example given in the post is a doctor that is being held but has not yet been convicted.

Correct me if I am wrong but don't you need a conviction first before stripping someone of their rights?
Once the conviction is in...the rights are (should be) gone. Most emailing I've ever seen...is never, ever....really "confidential."

Quote:
Originally Posted by Brainiac View Post
Bullshit. If you believe that, let's just do away with the whole concept of attorney/client privilege.
We should...for convicted inmates.
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Old 07-23-2014, 11:01 PM   #7
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Shhh... Let's see where he goes with this. It could get entertaining. Just remember, he teaches kids this lunacy on our dime, so don't get too amused...
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Old 07-23-2014, 11:06 PM   #8
Mr. Kotter Mr. Kotter is offline
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Quote:
Originally Posted by Taco John View Post
Shhh... Let's see where he goes with this. It could get entertaining. Just remember, he teaches kids this lunacy on our dime, so don't get too amused...
Hey, TJ...Aynn Rand pen another book on her government's dime? Declaring the government the absolute enemy--and championing phoney-baloney "individualism"??? Gosh, you'd have thought that the excesses of the 1890s and 1920s would relieve stupid bastards of their stupidity...but not you, and your fellow "libertarian" blowhards and hypocrites....no--not you. Ain't no cure for stupid, though....
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Old 07-23-2014, 11:24 PM   #9
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The justice system is broken, it has become nothing more than people attempting to create a name for themselves at the expense of others.
Crooked cops,
Crooked prosecutors,
Crooked judges.

The system is stacked against the average person.
A person can be arrested for damn near anything these days, depending on the particular cops feelings that day, arrested and charged. A prosecutor that cares nothing about justice and instead more focused on their win/loss record to advance their career. The average person charged is not only paying the salaries of the people prosecuting them but also responsible to finance their own defense as well. Combined with also working their daily job, while the people "against" them do nothing but spend as much of the "defendant"s money as possible.
The entire system is stacked against the criminal.

I'm not defending people that commit actual crimes such as murder/rape/theft, I'm more referring to the hundreds of thousand people charged with bullshit.
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Old 07-23-2014, 11:26 PM   #10
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Quote:
Originally Posted by A Salt Weapon View Post
...

I'm not defending people that commit actual crimes such as murder/rape/theft,..
Bullshit. You are...
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Old 07-24-2014, 12:24 AM   #11
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Quote:
Originally Posted by Mr. Kotter View Post
Bullshit. You are...
I'd expect no less from you. Your income is subsidized by tax payers as well, no different than someone in prison. In fact worse.
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Old 07-24-2014, 03:40 AM   #12
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Quote:
Originally Posted by Mr. Kotter View Post
Once the conviction is in...the rights are (should be) gone. Most emailing I've ever seen...is never, ever....really "confidential."



We should...for convicted inmates.
Reading comprehension FAIL. Go read the OP again. They were reading the emails of a surgeon who was accused, not convicted, of Medicare fraud.

Not convicted.
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Old 07-24-2014, 05:11 AM   #13
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I don't see why emails between a lawyer and their client should be any different than phone calls between the same.
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Old 07-24-2014, 06:16 AM   #14
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That is some seriously unconstitutional bullshit.
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Old 07-24-2014, 06:20 AM   #15
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Says right in the article that when the inmates sign up to use the prison (or detention center) email service they are aware the service can be monitored.

I don't think the prison has any obligation to provide them access to email to begin with.
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