We were legally seperated at the time and see no reason for the detective's to be asking me to come in and talk to them.Yes I admit I was aware of most his illegal activities.That is why I moved out and got my own place.Bu legally can they ask me to incriminate my own husband?
2007-02-12 02:02:50 · 8 answers · asked by tenille e 1 in Politics & Government ➔ Law & Ethics
The privilege you are thinking about is the matiral privilege which allows a person to refuse to testify against their sopuse if they wish.
I don't know 100%, but I really doubt that it works for divorced couples
2007-02-12 02:07:41 · answer #1 · answered by BigD 6 · 0⤊ 0⤋
You are asking two different questions.
1. You can only get in trouble legally for your own actions or failure to act. If you did something wrong, then the answer is yes.
2. The police can ask you to incriminate your husband. In fact, they can ask you to do just about anything. How you respond is up to you.
Based on the brief facts you provided and your fears about this situation, I encourage you to consult an attorney before speaking with the police.
2007-02-12 10:11:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Dating back to the 16th century, spouses were not deemed to be competent to testify evidence against their spouse. The reasons were a lot simpler than they are today. Anyone with a perceived interest in litigation was deemed to be biased and therefore unfit to testify.
Under common law spouses are considered to be one and the same. Since the 16th century the issue of spouse’s and their ability to give evidence against their partners has become more and more complicated. Modern day courts rely more on preserving the sanctity of the marriage than preserving the incompetence standard.
The ability to block spousal testimony does not however apply to all couples under the law. Those in common law relationships are not considered to be one and the same and these spouses’s are able to give testimony about events that occurred during the relationship. Ultimately, because the issue falls under common law the question of whether a husband or wife to can be compelled to give evidence against there spouse was at the justices discretion.
Most justices are more likely to compel spousal testimony in cases of violence and domestic abuse. The majority of these offences are committed on a one on one basis with either no one to witness the abuse, or a child incapable of being called as a witness. The testimony evidence of the spouse is often the only proof that an offence occurred.
Because spousal testimony can vary from state to state ... you should contact an attorney in your area before providing information!
Best wishes!
2007-02-12 10:10:50 · answer #3 · answered by KC V ™ 7 · 0⤊ 1⤋
In most states the "martial privilege" is no longer recognized in court as an excuse not to testify. If a detective is asking you in I'm sure its only to gain information about your husband and not to "get you in trouble". However, if you are unsure as to whether it is legal in your state I would call a legal helpline or contact the State Bar(lawyers).
2007-02-12 10:14:35 · answer #4 · answered by WinniethePooh_S 2 · 0⤊ 0⤋
You can not incriminate your spouse or testify against your spouse uless special cercumstances exist. Your problem is that you had prior knowledge of illegal activity and did nothing to stop it nor did you report it. That in itself is a crime.
2007-02-12 10:19:34 · answer #5 · answered by buggerhead 5 · 0⤊ 0⤋
no they can not, you need to seek legal advice, and see if what the detectives are doing is legal.
2007-02-12 10:07:00 · answer #6 · answered by debi_0712 5 · 0⤊ 0⤋
yes, as you were once a witness
if you don't then they could hold you to some actions
2007-02-12 10:08:10 · answer #7 · answered by Bailey 5 · 0⤊ 0⤋
Yep, they sure can and do everyday!!
2007-02-12 10:07:34 · answer #8 · answered by chickmomma5 4 · 0⤊ 0⤋