ItsWeThePeople
New Member
Should comments that a spouse made on a police video be inadmissable? It seems that since a spouse can not be forced to testify against their wife/husband in court that the use of the spouses comments on a police video is in a since the court circumventing the law and forcing the spouse to testify. Using the spouses comments on the video is the same as having the spouse there in court and forcing he/she to testify against their wife/husband. I believe that this should be inadmissable.
"The spousal testimonial privilege (a.k.a. "spousal immunity") can be used to prevent any party in a criminal case from calling the defendant's spouse to testify against the defendant about any topic. In federal court as a matter of common law, this privilege attaches to the witness spouse; that is, the defendant's spouse can refuse to testify against the defendant, but the defendant may not prevent his or her spouse from testifying against the defendant"
Should not this same rule of law apply to the spouses comments on the video? To me its the same as forcing ones spouse to testify unwillingly! Or do the courts decide what is law now days? Are we writing laws from the Bench?
Thanks!
"The spousal testimonial privilege (a.k.a. "spousal immunity") can be used to prevent any party in a criminal case from calling the defendant's spouse to testify against the defendant about any topic. In federal court as a matter of common law, this privilege attaches to the witness spouse; that is, the defendant's spouse can refuse to testify against the defendant, but the defendant may not prevent his or her spouse from testifying against the defendant"
Should not this same rule of law apply to the spouses comments on the video? To me its the same as forcing ones spouse to testify unwillingly! Or do the courts decide what is law now days? Are we writing laws from the Bench?
Thanks!