If the district attorney tells a wife he will send a suppenia for her and she will have to testify or go to jail, is he bluffing or is it legal?
2006-07-19 17:48:00 · 11 answers · asked by angel_girl_belle 1 in Politics & Government ➔ Law & Ethics
There are two types of spousal privileges in FEDERAL court, so all of what I say depends on if your state has adopted the Federal Rules of Evidence.
Spousal immunity: A spouse cannot be compelled to testify against the other spouse in any CRIMINAL (not civil) proceeding, and may not be called by the prosecution as a witness where the other spouse is a defendant. Only the SPOUSE being asked to testify can invoke the privilege, and it's only valid as long as the defendant-spouse and witness-spouse are married.
Privilege for Confidential Marital Communications: Protects communications made in reliance upon the intimacy of marriage (husband says something very private to wife while they're married - wife can choose not to disclose).
Either way, if the witness-spouse doesn't want to testify, the state you're in has adopted the federal rules of privilege, and either of these two exceptions apply...then maybe these privileges might apply.
2006-07-19 17:56:06 · answer #1 · answered by Anonymous 20-Something 3 · 1⤊ 0⤋
Under the eyes of the law the man has one wife. The other woman have to testify.
2016-03-16 02:12:27 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It depends. He cannot make you testify on what was SAID between the two of you, because being married gives spouses the privilage of privacy (such as doctor patient.)
If you witnessed something, or you found something incriminating, he could make you testify because you could be a potential accessory.
Also, you must be legally married. Common law marriages don't cut it.
2006-07-19 17:58:24 · answer #3 · answered by AprilRocksIt 3 · 0⤊ 0⤋
A spouse can't be forced to testify. You still have to show up at the trial if you're subpoenaed, and get a real lawyer, don't rely on a PD.
2006-07-19 17:52:49 · answer #4 · answered by steveed 3 · 0⤊ 0⤋
I think it is a bluff. He's hoping the wife wants to testify. Ask a lawyer to find out for certain.
2006-07-19 17:51:50 · answer #5 · answered by lockesmith 6 · 0⤊ 0⤋
You mentioned the district attorney, which means this is probably state prosecutor. Many states follow rules similar to the federal rules of evidence as cited another person responding ot this question. However, this case is not in federal court, sot he laws of your state may be different than federal law. Your best best is to consult a local attorney.
2006-07-19 18:27:25 · answer #6 · answered by Carl 7 · 0⤊ 0⤋
He's bluffing. A wife cannot be compelled to testify against her husband. However, she can is she WANTS to.
2006-07-19 17:51:55 · answer #7 · answered by David T 4 · 0⤊ 0⤋
No, a spouse can not be forced to testify against the other one. They can if they wish, but they are not required to. It is called "Privilege of Marital Communications"
http://federalism.typepad.com/crime_federalism/2004/09/marital_privile.html
2006-07-19 17:51:27 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I don't think so, but you should call an attorney because the law may vary by state.
2006-07-19 17:54:41 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Please, for your protection obtain a lawyer in the morning. I took a course in law where it was explaind to me that no this was not the case, but I am not a lawyer and this is not professional legal advice.
2006-07-19 18:00:30 · answer #10 · answered by profile image 5 · 0⤊ 0⤋