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Prison Hack Shows Attorney-Client Privilege Violation (theintercept.com)
Advocatus Diaboli writes with this excerpt from The Intercept: An enormous cache of phone records obtained by The Intercept reveals a major breach of security at Securus Technologies, a leading provider of phone services inside the nation's prisons and jails. The materials — leaked via SecureDrop by an anonymous hacker who believes that Securus is violating the constitutional rights of inmates — comprise over 70 million records of phone calls, placed by prisoners to at least 37 states, in addition to links to downloadable recordings of the calls. The calls span a nearly two-and-a-half year period, beginning in December 2011 and ending in the spring of 2014."
"Particularly notable within the vast trove of phone records are what appear to be at least 14,000 recorded conversations between inmates and attorneys, a strong indication that at least some of the recordings are likely confidential and privileged legal communications — calls that never should have been recorded in the first place. The recording of legally protected attorney-client communications — and the storage of those recordings — potentially offends constitutional protections, including the right to effective assistance of counsel and of access to the courts.
"Particularly notable within the vast trove of phone records are what appear to be at least 14,000 recorded conversations between inmates and attorneys, a strong indication that at least some of the recordings are likely confidential and privileged legal communications — calls that never should have been recorded in the first place. The recording of legally protected attorney-client communications — and the storage of those recordings — potentially offends constitutional protections, including the right to effective assistance of counsel and of access to the courts.
There is usually a large sign near the phones in prisons and jails that says something like this, "Phone Use Is Recorded". In person conversations between client and lawyer are not supposed to be recored though.
Passionately Indifferent
If they're calling their attorney...Yes.
"Constitutional rights? Bah! Who needs 'em!" seems to be the watchword of the new millenium.
I thought this was illegal at first. But a little research says that this is perfectly legal. If a prisoner wants to have an unrecorded conversation with his/her lawyer they can do that in person.
http://www.nolo.com/legal-encyclopedia/can-jail-record-telephone-conversation-lawyer.html
people who are incarcerated can appeal to the sitting governor of most states for reinstatement of their voting rights. Its typically accompanied by a processing fee and requires the use of an attorney. if youre unlucky enough to do this in an election year, the likelyhood a sitting governor will do anything but deny this request is poor. ex convicts can be legally discriminated against in housing, education, and employment. In more than 20 states ex convicts cannot receive local section 8 housing benefits, food stamps, or public assistance. Credit tracking companies like experian will also kindly obliterate your credit rating once its been known you've spent time in prison. you cant get a loan for everything from a house to a car or even a small business. and it gets worse. Felons released for time served arent released, they are typically put on 2-5 years mandatory probation. that means they have a curfew, they cant go to bars, they cant own a gun, and they have to abide by whatever arbitrary soothsay a judge imposes. any screwup sends you back to jail for committing a non-crime after punishment. Did you commit a cybercrime? then that means you cant use everything from an ATM to the sytem that lets you check in to your parol officer and schedule meetings/hearings.
your visas and passports? those are also now invalid and reinstatement after a felony conviction takes twice as long and requires an extra processing fee to pull your criminal records during incarceration. Police that stop you for anything from jay walking to speeding are legally allowed to profile you based on your criminal record, so what started out as a 10 minute inconvenience on the way to work is now a 40 minute ordeal in handcuffs on the side of the road. And lets talk about reparation. Remember that stay in prison? turns out you now owe in most states close to $60,000 in restitution for everything from shelter to food and even civil penalties for the original criminal conviction. cant pay? more than 40 states will send you right back to jail for being too poor.
Good people go to bed earlier.
At the same time, about 4-5% of police have committed crimes.
We are not saying that no convicts are criminals, we are saying that merely being convicted does NOT make you a criminal. And we despise the blind, obedient, slavish mentality that you are using to accept whatever mistakes our legal system has committed without comment, argument, or even discussion.
We are citizens, not slaves, and demand our legal rights to question the courts, laws, cops, lawsuits, crimes, jails and probation.
It doesn't make us feel good, but it sure makes us feel superior to a slavish dunce (word used correctly - look up the origin) who thinks the judges, lawyers and police are perfect and never make a mistake
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