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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
What else can I help you with?
What does Admendment 5 of the US Constitution guarantee or protect?
Your right to not testify in court against yourself. If your testimony will incriminate you, or find you guilty, you have the right to take the fifth amendment and choose not testify.
Do you have to testify if you are the one on trial?
No, a person on trial for a crime doesn't have to testify if they choose not to do so. In fact, depending on the case, attorneys will often advise their client not to testify.
Who cannot testify against a defendant?
In most states, the spouse. There are also certain professional or social relationships that are regarded as privileged... for example, attorney-client, doctor-patient, or priest-parishoner communications may be exempt from subpoena.Note that this does not mean that the person in question cannot testify against the defendant, it means they can't be forced to testify against the defendant. A spouse can choose to testify. The professional cases usually can't, but what they cannot testify about is limited. If the doctor saw the defendant standing over the murder victim with a bloody knife in his hand, for example, that's not a privileged communication and the fact that he happens to be the defendant's doctor is irrelevant.
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....
Which amendment protects people form being forced to testify against themselves?
The 5th amendment contains protection from self-incrimination. It gives you the chance to choose whether to be questioned immediately. It makes sure you can choose not to speak in a situation where you might be taken advantage of.
What is it called when you testify against yourself in a case?
Self-incrimination can be voluntary or coerced. It may occur prior to trial, or on the stand. If the defendant is called to testify on his behalf, he may choose to admit guilt. In this manner, the accused could testify against himself. Although not generally recommended, one positive potential outcome could be leniency in sentencing, by the presiding judge (insofar as may or may not be allowed by law).
The defendant must be given an opportunity to be heard?
This is a true statement. In court the defendant will be represented by counsel and may choose to testify, or not.
Do you have to testify if you get a subpoena?
A spouse may not be forced to testify against their spouse in criminal proceedings. In divorce court, however, spouses typically tear each other to shreds, which can cause lasting psychological damage. That's why most divorces are now "no-fault" procedures, except in cases where large amounts of money and property are being contested.
Would you choose to abort your child because your husband wants you to?
no, keep the child. let your husband pay for his responsibilities.
What is your niece's husband?
Nothing. You may choose to call him "my niece's husband", "my nephew in law" (but that's pushing it) or by his name.
How do I choose between my high school sweetheart and my husband both of which I love in entirely different ways?
Well choose your husband and please get over your high school sweetheart because you are married now.
When did Washington choose the site of the white house?
1793
