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It is illegal in all states for a person to be coerced into giving incriminating testimony agains his/her spouse without their formal consent -- which also means, at times, a spouse cannot testify even by his/her own volition.

2007-05-15 13:05:55 · answer #1 · answered by gallo 3 · 0 2

Rudy 4 prez is most correct...although it is a state by state issue. It all depends on who hyolds the priviledge. In all state prosecution cannot compel a spouse to testify against the other except for domestic violence cases and child abuse cases. Now in states where the testifying spouse holds the proviledge such as NC the spouse may testify if they wish. In states that the defendant holds the priviledge the spouse may not testify unless the defendant waives the prviledge.

2007-05-15 13:26:36 · answer #2 · answered by Dr. Luv 5 · 1 0

A wife CAN testify against her husband in every state. However, in no state can a wife be FORCED to testify against her husband.

2007-05-15 13:12:32 · answer #3 · answered by rudy4prez 2 · 2 1

A husband has a privilege not to have a wife testify against him.

Exception: divorce and crimes committed by the husband where the wife is a victim.

2007-05-15 13:14:18 · answer #4 · answered by Mark 7 · 1 1

They cannot force it, it has to be voluntary. Thank the US Constitution for that freedom of choice.

2007-05-15 13:38:00 · answer #5 · answered by Stormchaser 5 · 0 0

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