2006-11-20 03:38:43 · 8 answers · asked by Robert S 1 in Politics & Government ➔ Law & Ethics
In a civil case, a wife can invoke what is called "the marital privilege." This is different from the right of a criminal defendant's spouse to refuse to testify all together, the "spousal immunity privilege." The "marital privilege" applies in both civil and criminal cases. The spouse still has to testify, but certain testimony will be priviledged. Here are the basics:
1. All confidential communications are privilege. This mean no third party can be present (with the exception of children too young to understand).
2. The parties must be married at the time the communication occurs.
3. There is a split about whether actions observed by a spouse fit under the privelege (i.e. a wife witnesses her husband receiving stolen goods). This will be up to your individual jurisdiction.
4. The privilege does not apply to suits between spouses.
5. Only the spouses can claim the privilege.
2006-11-20 04:06:09 · answer #1 · answered by Tara P 5 · 1⤊ 0⤋
No. The law recognizes "spousal privilege," so a wife cannot be compelled to testify against her husband, or vice versa, in a criminal or a civil case. However, if the wife WANTS to testify against the husband, or vice versa, they may be able to (depends on what the laws of the state have to say about spousal privilege and how it applies).
2006-11-20 03:42:08 · answer #2 · answered by sarge927 7 · 0⤊ 0⤋
A spouse can never be forced to testify against their husband or wife as far as I know.
2006-11-20 03:40:25 · answer #3 · answered by Leah 6 · 0⤊ 0⤋
not sure, I don't think a wife is ever forced to testify against her husband in any court.. but I don't think anyone is anyway.. I have never had to go to court for anything like that.. but I think you can plead the fifth at anytime without consequences..
2006-11-20 03:47:40 · answer #4 · answered by katjha2005 5 · 0⤊ 0⤋
To my understanding of the law, the law sees marriage as essentially one person (two joined together to form one union which is seen mostly as one person). Then under the fifth amendment (no one is required and no one can be forced to testify against oneself), the spouse is now covered and cannot be required to testify against what is by law the same person.
2006-11-20 03:47:27 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I do believe that they can not be made to do that. If they were, for instance, in business together they have the husband/wife pact and business partner thing to deal with. So I would have to say no without any further information.
2006-11-20 03:42:26 · answer #6 · answered by Anonymous · 0⤊ 0⤋
NO SHE CANNOT BE FORCED. SHE CAN DO IT OF HER FREE WILL BUT THE HUSBANDS ATTORNEY CAN FIGHT TO MAKE HER EVIDENCE INADMISSIBLE
2006-11-20 03:44:55 · answer #7 · answered by strike_eagle29 6 · 0⤊ 0⤋
no she don't
2006-11-20 03:40:53 · answer #8 · answered by ? 6 · 0⤊ 0⤋