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

Authors

Laird Kirkpatrick, George Washington University Law SchoolFollow
Christopher B. Mueller

Document Type

Book Part

Publication Date

2013

Status

Accepted

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.

GW Paper Series

GWU Law School Public Law Research Paper No. 2014-21; GWU Legal Studies Research Paper No. 2014-21

SSRN Link

http://ssrn.com/abstract=2445601

Recommended Citation

Federal Evidence § 5:10 (4th ed., 2013)