12.1.20 – Rights of Crime Victims vs. Civil Liberties of Presumed Innocent Accused – Live on Lone Star Community Radio
Segment 1 – Topic –
Quote from Harvard Law Professor Alan Dershowitz about the balancing of alleged victims rights vs. rights of presumptively innocent accused.
Example case I’m working on that shows difficulty of defending against false allegation of sexual assault brought by savvy victims looking to capitalize on #metoo movement financially.
Segment 2 – Texas Victim’s Right Laws:
Constitution of Texas; Art. I, Section 30. Rights of Crime Victims;
Texas Code of Criminal Procedure Chapter 56
Rape Shield Laws
Segment 3 – HIPAA – Definition, purpose, explained – Call Sam to be on
Segment 4 – Rights of Presumptively Accused –
Texas Constitutional Rights Art. 1 Section 10
Texas Code of Criminal Procedure Art. 105
May Use PHI for litigation
NO reasonable expectation of privacy in cell phone records – Fourth Amendment (Love v. State, 543 S.W.3d 835 (Tex. Crim. App. 2016); and Ford v. State, 477 S.W.3d 321, 330 (Tex– you give up your constitutional right to phone record privacy when you contract with the phone company).
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