Can a person refuse to testify in a criminal case?

Answer 1

ONly if they are the defendant or married to the defendant.

Even then, they must take the stand and invoke their 5th amendment rights.

The spousal testimonial privilege can prevent any party in a criminal case from calling the defendant's spouse to testify against the defendant about any topic. Under the Federal Rules of Evidence, this privilege attaches to the witness spouse; that is, the defendant's spouse can refuse to testify against the defendant, but the defendant may not prevent his spouse from testifying against him. This privilege does not survive the marriage; that is, after divorce, there is no right to refused to testify against a defendant ex-spouse. This privilege may be restricted to testimony about events that occurred after the marriage, although in some jurisdictions it may apply to testimony about events occurring prior to the marriage (giving rise to a questionable incentive to marry a witness in order to prevent her from testifying against you).

Both rules are suspended in the case of divorce proceedings or child custody disputes, and in cases where one spouse is accused of a crime against the other spouse or the spouse's child. Courts usually do not permit an adverse spouse to invoke either privilege during a trial initiated by the other spouse or in the case of domestic abuse. They may also be suspended where both spouses are joint participants in a crime, depending on the law in the particular jurisdiction.

Marital privilege is based on the policy of encouraging spousal harmony, and preventing people from having to condemn or being condemned by their spouse.

Answer 2

1

Answer 3

Yes, sometimes. You can refuse to testify if you are being asked to testify against yourself. You can also refuse (usually--there are some exceptions) if you are a doctor being asked to testify against a patient, a lawyer being asked to testify against a client, or a husband or wife being called to testify against your spouse.

There are exceptions to every rule, but the above is generally true in all cases. A complete answer would take an hour to write, but your lawyer can inform you of all your rights if you ever have to testify at a trial.

Answer 4

Not if they're subpoenaed under court order.

Of course, that person may then testify poorly if you force them to. It depends on the situation and the case and what that witness has to contribute.

Answer 5

He can plead the Fith Admendment.

The Fifth Amendment protects witnesses from being forced to incriminate themselves. To "plead the Fifth" or to "take the Fifth" is to refuse to answer a question because the response could form incriminating evidence.

Answer 6

YES.
If you are a family member. Most states have it set up to where you are not required to tear the fabric of the family.