A law question

[mapuc]

On a danish forum, I wrote that it was not allowed for a husband or wife to witness against his or her wife or husband. But it seems that I was wrong about it, I was told. Furthermore I was told, that they could refuse to witness against their beloved or something like that.

How is it really in USA when it comes to laws where married or divorced couples are invovled?

Regards
Markus

[GoldenRivet]

You are referring to something called "spousal privilege" in the US

what this means is that a wife for example, cannot be compelled by the court to testify in a criminal case against her husband.

however, the husband cannot use spousal privilege to his advantage if the wife wishes to testify against him - in this case, she may testify if she pleases.

[Bakkels]

Am I the only one that immediately thinks of the Sopranos? :D

There's this episode where a character has seen on tv that a wife doesn't have to testify against her husband. But it turns out that's just a myth.
I know a tv-show saying a fictional tv-show is wrong doesn't prove anything. Still, I don't think that the whole "You don't have to testify against your husband/wife" is true.

*edit* I was typing at the same time as GoldenRivet there I see. So this is actually true?? Bizarre...

[vienna]

It is my understanding a spouse may not be compelled to testify unless the crime was committed against the spouse of the accused or the children of the accused. Also, the spousal privilege does not apply after a divorce or annulment...one reason I try to stay in the good graces of my ex's...

[GoldenRivet]

It is my understanding a spouse may not be compelled to testify unless the crime was committed against the spouse of the accused or the children of the accused. Also, the spousal privilege does not apply after a divorce or annulment...one reason I try to stay in the good graces of my ex's...

this is the way i understand it as well

[mapuc]

You are referring to something called "spousal privilege" in the US

however, the husband cannot use spousal privilege to his advantage if the wife wishes to testify against him - in this case, she may testify if she pleases.

And if the other part wants to testify in advantage for the accused

e.g

A man stand trialed, accused of killing a man. His Wife wants to testify, that he didn't do it.

Can she do that and what would this testify be wurth in a trial?

Regards
Markus

[Garion]

Under Scots Law in ..well..erm Scotland a spouse cannot be compelled to testify against their partner unless they are the victim. Although I understand a review is to take place to repeal this.

It was a real pita when I was a Police Officer back in the 1970's.


Cheers

Garion

[August]

Can she do that and what would this testify be wurth in a trial?

Yes and it's worth as much as any other witnesses testimony.

The only difference is that the prosecution cannot force a spouse to testify if they do not wish to.

[flatsixes]

As you might expect from a federalist union, there's good deal of nuance that attaches spousal privilege in the several states. In Virginia, for example, one spouse cannot be compelled to testify against the other (subject to the usual exceptions), but may be compelled to testify for the other. The real fun starts with the cross-examination of a spouse who willingly testified for his or her spouse. How much of a witness' spousal rights have been waived when he or she willingly testifies? Yee-ha! Attorney fight in the front row!

[Platapus]

It depends on the state.

Some states a spouse can not be compelled to testify against their spouse
Some states a spouse can be compelled to testify against their spouse

It used to be, and I can't confirm this at this time, some states a spouse could not testify either for or against their spouse.

Also, at one time there were different laws for the husband and the wife.

So the answer is, as is common in the US, it depends on the state.... and in some cases even the crime.