This question has nothing to do about adultery or tax issues. Simply, if a spouse commits a crime, can his/her spouse who did not commit the crime be charged for it. If so, (or not) what law supports your answer.
2006-11-21 18:49:23 · 12 answers · asked by Mischelle N 1 in Politics & Government ➔ Law Enforcement & Police
Before a crime can be brought to trial, it has to be brought before a grand jury. If no one presses charges on the woman in the first place, then of course she won't be brought to trial in the first place. But if somebody, say, accuses her of being an accomplice, that charge will be brought up in front of a grand jury. In Amemdment 5 (or 6?) of the US Constitution, all charges must be brought before a grand jury to decide if there is even reason for a trial. If the person pressing charges against the wife cannot come up with sufficient evidence to accuse her of something, then that charge dies right there. But if there is some evidence, then she would be brought to trial on the count of being an accomplice. Then there is the trial. If the jury believes she is guilty of helping her husband with the crime, she will have some consequence (short period of jail, community service, etc.). But if there is no evidence at all to support her being an accomplice, then there would be no reason of anyone pressing charges on her.
2006-11-21 19:00:17 · answer #1 · answered by fliptastic 4 · 0⤊ 0⤋
Absolutely. All I have to do is prove the spouse had reasonable knowledge of the crime or the planning of the crime. If the spouse brings something home from a crime such as tools, electronics, etc.., if I find those items in the home, I'll arrest everyone that resides there. I will assume common knowledge by all parties and let the Prosecutor determine if he want to charge each person with the crime or as an accessory to the crime. He may even dismiss the cases for some.
2006-11-22 07:45:54 · answer #2 · answered by spag 4 · 0⤊ 0⤋
Anyone can be CHARGED with a crime--they usually won't unless the District Attorney's office has evidence to support it though. Being "charged" doesn't mean that the person commited the crime--it simply means that is who the City or County is saying they think did it. It them becomes their burden to PROVE that the person they are charging did indeed commit the crime. The person charged does not have the burden of proof.
2006-11-22 02:57:23 · answer #3 · answered by DRAMA 3 · 2⤊ 0⤋
I'm not a lawyer, but technically I would think that it would depend on what type of crime it was, the whens, wheres, and whys of the crime, her position, actions and knowledge regarding the crime, you mentioned that she is innocent of the crime which leads me to believe that her hands, mind or body had no dealings with the crime true? If so then maybe only her knowledge of the crime maybe an issue.
2006-11-22 08:19:22 · answer #4 · answered by yahoo 3 · 0⤊ 0⤋
She can be charged with complicity but it will be for the court to find her guilty or innocent. Being charged with a crime is totally different from being convicted of a crime.
2006-11-22 02:58:48 · answer #5 · answered by RED-CHROME 6 · 0⤊ 0⤋
Anyone can be charged with a crime, but the burden of proof is on the prosecution.
2006-11-22 09:19:53 · answer #6 · answered by WC 7 · 0⤊ 0⤋
I'm not a lawyer, but if the wife knew about the crime and did nothing to stop it, or - if this was impossible - did not report it, she is as guilty as the perpetrator.
2006-11-22 03:05:25 · answer #7 · answered by Hi y´all ! 6 · 1⤊ 0⤋
If she knowingly allowed that crime to happen then she might get charged for it. What crime are we talking about here?
2006-11-22 03:32:14 · answer #8 · answered by OC 7 · 0⤊ 0⤋
She can be charged as an accessory if she had beforehand knowledge of the crime and did nothing to stop it.
2006-11-22 03:00:28 · answer #9 · answered by asshat.mcpoop 4 · 2⤊ 0⤋
I suppose if she knew of it she might have some type of criminal issue. Like if he killed someone and she found out but did nothing, it could be collusion or something.
Sorry, I'm sure you'll get a better answer from someone else!
2006-11-22 02:59:16 · answer #10 · answered by tigglys 6 · 0⤊ 0⤋