NCJ Number
108828
Journal
Criminal Justice Journal Volume: 9 Issue: 2 Dated: (Spring 1987) Pages: 197-239
Date Published
1987
Length
43 pages
Annotation
This article reviews serial murder cases in general and the 1973 Garrow case, in particular, and describes the ethical duty of confidentiality held by the serial murderer's attorney.
Abstract
The article concludes that, in 1987, a New York defense counsel for an obviously insane serial murderer can disclose information to a victim's parents in certain circumstances. Also discussed are exceptions to the duty of confidentiality when an attorney is required by law to divulge information or when an attorney is accused of criminal or professional misconduct growing out of representation of the client. The minority attorney-client privilege rule is reviewed, and those circumstances are highlighted when a defense counsel may need to retain his own attorney to disclose, anonymously, privileged information about a victim's fate. The article suggests that the inevitable discovery exception to the exclusionary rule should apply if any clues leading to the client are discovered as a result of the disclosure. 205 footnotes.