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In the state of Utah does a wife have to testify against her husband in a criminal case?
Wiki User
∙ 14y ago
I am not a lawyer, but:
No.
"In criminal prosecutions . . . a wife shall not be compelled to testify against her husband"
-Utah Constitution Article I Section 12
[http://le.utah.gov/~code/const/htm/00I01_001200.htm]
With the following exceptions:
C) Spouse charged with crime or tort. In a proceeding in which one spouse is charged with a crime or a tort against the person or property of
(i) the other,
(ii) a child of either,
(iii) a person residing in the household of either, or
(iv) a third person if the crime or tort is committed in the course of committing a crime or tort against any of the persons previously named;
(D) Interests of minor child. The court may refuse to allow invocation of the privilege in any other proceeding if the interests of a minor child of either spouse may be adversely affected.
-URE 502(4)(C,D)
[http://www.utcourts.gov/resources/rules/ure/0502.htm]
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∙ 14y ago
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You and your fiance are charged with a criminal case that you are going to trial for can the state of Maine make us testify against one another?
Yes, only legally married spouses are protected from being forced to testify against one another.
In Arizona can a wife be forced to testify for the State against her husband?
you can be subpoenaed. however, you can say you do not remember and do not recall for every single question that they ask you.
Can you retract your stament when im a witness against your husband for criminal damage?
Do you REALLY MEAN to ask "when I'm a witness against MYhusband?" (meaning, testify against YOUR own husband)What kind of statement do you wish to retract?If it was a written statement given to law enforcement - unless you're a resident of a state that does not require spousal testimony - you can still be compelled to appear and testify as to why you originally gave it, and why you are now withdrawing it.If you gave a verbal statement from the stand and were (presumably) under oath, you will be subject to intense cross-examination as to your reasons for perjuring yourself.
Can Florida use your out of State criminal record against you?
Can Florida use your out of State criminal records against you?
Why are criminal cases titled in terms of the state against the defendant?
Because defendants in a criminal case have committed a crime not just against a specific victim or victims, but against the State/society in general.
Does a wife have to testify against husband in a domestic violence case when she is the victim and has been supeonad?
The law states, that a wife Does NOT have to testify against her husband if she does NOT wish too. Call you local Court house to verify, they will tell you the same. I had the same question a few yrs ago myself, lol.
Can a husband choose to not testify against his mate in Washington state?
A spouse or civil partner of a defendant is almost always considered a competent witness for either side, and may choose to testify for or against their spouse. A defendant may, when relevant, compel their spouse or civil partner to testify on their behalf. The prosecution however, may only compel the testimony of the defendant's spouse or civil partner in cases of domestic abuse or violence or sexual offences towards persons under 16. When the spouse or civil partner is a co-defendant to the charges, they may not be compelled to testify. ~wikipedia.org/wiki/Spousal_privilege
The courts basically decide cases involving crimes against who?
Crime committed against "the state." Individuals (who are victims or complainants) appear in court to testify as to the facts of the crimes committed against them, but the the crime is prosecuted as if it were a crime against all citizens of the state.
Why does a state initiate charges in a criminal case?
Because the state stands in for the individual citizen in cases of criminal acts. The theory is - a crime against one citizen of the state is a crime against ALL citizens of the state. The state legislature passes the laws and statutes, and thus, the state prosecutes.
What is a court case that is not a civil action?
Judicial actions are divided into the civil (suits by persons against persons) and the criminal (actions by the state against persons). Criminal action (prosecution) is brought against individuals alleged to have violated criminal laws.
Im married what if you dont want to testify against your husband can you go to jail?
It would depend on the laws of your state and the crime committed by your husband...in some states yes you could go to jail for not testifying against your husband... Marital privilege laws exist at the state level as well as the federal level, and also vary from state to state.... The Supreme Court has recognized two privileges that arise from the marital relationship. The first permits a witness to refuse to testify against his or her spouse. This is the testimonial privilege. The witness spouse alone holds the privilege and may choose to waive it... The second privilege, called the marital communications privilege, provides that communications between the spouses, privately made, are generally assumed to have been intended to be confidential, and hence they are privileged . . . . Federal law recognizes exceptions to marital privilege such as where one spouse is charged with a crime or tort against the person or property of the other spouse or against a child" of either...In such a case marital privilege may not be invoked and you must testify.... Most states also have a statute stating that if one spouse is the victim of abuse by the other spouse, the victim's testimony can be compelled and spousal privilege cannot be asserted....
What brings the action in a criminal case?
The State brings an action against a defendant.
