Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: mewzilla

Only one of the spouses can claim spousal privilege for themselves. You cannot assert someone else’s privilege.


123 posted on 10/28/2016 12:39:00 PM PDT by Mouton (The insurrection laws maintain the status quo now.)
[ Post Reply | Private Reply | To 56 | View Replies ]


To: Mouton

Can both assert at the same time?


132 posted on 10/28/2016 12:39:47 PM PDT by mewzilla (I'll vote for the first guy who promises to mail in his SOTU addresses.)
[ Post Reply | Private Reply | To 123 | View Replies ]

To: Mouton; mewzilla

Au contrare my FRiend.

In Marital Communication Privilege, one spouse may prevent the other from testifying about confidential communications made during their marriage unless the communication was regarding joint spousal criminal activity.


255 posted on 10/28/2016 1:08:07 PM PDT by Jim W N
[ Post Reply | Private Reply | To 123 | View Replies ]

To: Mouton
I think the way it works is spouses cannot be compelled to testify against their husband/wife. If they want to testify they can waive that right.

I know of a case where a wife testified against her husband; he was convicted and sentenced to federal prison for many years. There was nothing his attorney could do to keep her from testifying.

374 posted on 10/28/2016 4:36:39 PM PDT by Tammy8 (Please be a regular supporter of Free Republic !)
[ Post Reply | Private Reply | To 123 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson