A law question

mapuc · 05-18-11, 05:42 PM

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 · 05-18-11, 05:48 PM

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 · 05-18-11, 05:48 PM

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

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 · 05-18-11, 05:55 PM

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 · 05-18-11, 06:15 PM

Quote:

Originally Posted by 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...

this is the way i understand it as well

mapuc · 05-18-11, 07:04 PM

Quote:

Originally Posted by GoldenRivet

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 · 05-19-11, 09:39 AM

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 · 05-19-11, 11:26 AM

Quote:

Originally Posted by mapuc

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 · 05-19-11, 12:12 PM

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 · 05-19-11, 08:00 PM

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.

05-18-11, 05:42 PM	#1
mapuc CINC Pacific Fleet Join Date: Sep 2003 Location: Denmark Posts: 20,537 Downloads: 37 Uploads: 0	A law question 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 __________________ My little lovely female cat

05-18-11, 05:48 PM	#2
GoldenRivet Subsim Aviator Join Date: Mar 2007 Location: Texas Posts: 8,726 Downloads: 146 Uploads: 0	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. __________________

05-18-11, 05:48 PM	#3
Bakkels Seasoned Skipper Join Date: Jan 2011 Location: Groningen, The Netherlands Posts: 709 Downloads: 101 Uploads: 6	Am I the only one that immediately thinks of the Sopranos? 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... __________________ My sh3 skins : http://www.gamefront.com/files/user/Bakkels Or go to the sh3 downloads section > skins

05-19-11, 08:00 PM	#10
Platapus Fleet Admiral Join Date: Oct 2006 Posts: 19,362 Downloads: 63 Uploads: 0	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. __________________ abusus non tollit usum - A right should NOT be withheld from people on the basis that some tend to abuse that right.

05-18-11, 05:55 PM	#4
vienna Navy Seal Join Date: Jun 2005 Location: Anywhere but the here & now... Posts: 7,711 Downloads: 85 Uploads: 0	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...

05-19-11, 09:39 AM	#7
Garion Commander Join Date: Feb 2003 Location: Scotland Posts: 452 Downloads: 34 Uploads: 0	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

05-19-11, 12:12 PM	#9
flatsixes Weps Join Date: Jan 2009 Location: Virginia Posts: 362 Downloads: 8 Uploads: 0	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!