Poll: Would You Testify?
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Moral Question
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17-11-2014, 10:36 PM
RE: Moral Question
(09-11-2014 05:44 PM)Chas Wrote:  Depends on who she killed and why.

Agreed, context is key, and there simply is not enough context in the OP to make a sound decision.

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18-11-2014, 07:48 AM
RE: Moral Question
(17-11-2014 07:18 PM)f stop Wrote:  Prosecutor - The people call Mary X.

Defense - Objection. Mary X was the wife of the defendant on the day of the crime. A spouse cannot testify against the other spouse.

Prosecutor - Your honor, she is willing to testify.

Judge - That does not matter. Objection sustained. Call your next witness.

I don't think that is correct. A spouse can't be compelled to testify but they aren't prevented from testifying. If Mary X is willing then she can be called.

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18-11-2014, 06:38 PM
RE: Moral Question
(18-11-2014 07:48 AM)unfogged Wrote:  I don't think that is correct. A spouse can't be compelled to testify but they aren't prevented from testifying. If Mary X is willing then she can be called.

I'm not sure of that either. Sounds like it could be characterized as prejudicial. BnW would know.

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18-11-2014, 07:19 PM
RE: Moral Question
(18-11-2014 06:38 PM)GirlyMan Wrote:  
(18-11-2014 07:48 AM)unfogged Wrote:  I don't think that is correct. A spouse can't be compelled to testify but they aren't prevented from testifying. If Mary X is willing then she can be called.

I'm not sure of that either. Sounds like it could be characterized as prejudicial. BnW would know.

Looks like it gets pretty complicated and varies a lot (what else is new?)

http://en.wikipedia.org/wiki/Spousal_privilege

Interesting that in some places the spouse being testified against has the right to prevent testimony from the spouse testifying. The scenario I commented on above would be possible in those areas.

I guess that when it does happen any question of prejudicial testimony is left to the attorney objections and the judge or jury's evaluation.

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06-12-2014, 06:45 PM
RE: Moral Question
(09-11-2014 05:31 PM)Res Publica Wrote:  I though this up a few days ago. Let's say you SO/wife/partner (if you don't currently have one imagine you do) has committed a murder. You have vital testimony without out which they cannot be convicted. If convicted they face a 24 year prison term. Do you protect them or testify so justice can be done?

protect them, I only care for what benefits me.

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06-12-2014, 06:55 PM
RE: Moral Question
Why are you bringing this back?
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06-12-2014, 07:52 PM
RE: Moral Question
(06-12-2014 06:55 PM)pablo Wrote:  Why are you bringing this back?

Im new to this forum, the ones I.ususlly use are more active in the sense that the front is always fresh discussion, sorry for the necro.

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