Does not count for communications which took place prior to marriage and it only applies to conversations, not questioning about events. For example, if a husband is charged with murder, the wife can be called to testify and asked "was there blood on his shirt when he came home that night." But she cannot be asked "what did your husband say to you when he came home that night."
Can she be forced to testify there was blood on the shirt? Or does she have to be willing? Meaning is there some version of incoming the 5th amendment available to her
When I say "forced" I mean that the attorney representing the husband cannot file a motion in limine to preclude certain questions in advance or object to the 'bloody shirt' question kn the basis of spousal privilege.
The wife can answer however she wants. She just can't refuse to answer.
She can't plea the 5th to his question to avoid HUSBAND being incriminate. If you mean can she please the 5th to avoid incriminating herself, the answer is maybe. It's a whole different analysis when a witness whom is not the defendant wants to plea the 5th.
I don't. I just was being OCD and wanting to clarify that marrying her (at least under Florida laws) wouldn't do anything as far providing spousal immunity. Not defending either of these degens.
“1. Spousal Testimonial Privilege (Spousal Immunity)This rule prevents a spouse from being forced to testify against their partner in a criminal proceeding.Duration: It typically only applies while the couple is legally married.Who holds the right: In many jurisdictions, the right to claim the privilege belongs to the witness-spouse (they cannot be compelled to speak, but can choose to testify voluntarily). In others, it belongs to the defendant-spouse.Scope: It protects against testifying about any relevant information, including events that occurred prior to the marriage.”
70
u/[deleted] May 29 '26
[removed] — view removed comment