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The Trump Presidency (Act V - The One Where Everybody Dies)

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Civet said:
Only partly. Communications made during the marriage are still privileged.
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Not to digress too far, but does "marital privilege" prevent a spouse from choosing to testify against the spouse about anything he/she did or learned during the marriage? I would think angry spouses would do pretty much anything they could to hang the ex out to dry.
 
Bob001 said:
Not to digress too far, but does "marital privilege" prevent a spouse from choosing to testify against the spouse about anything he/she did or learned during the marriage? I would think angry spouses would do pretty much anything they could to hang the ex out to dry.
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Privilege regarding the communications made during the marriage is held by both spouses and does not extinguish upon divorce. She can't be compelled nor can she waive it unilaterally.
Testimonial spousal privilege - that she cannot be compelled to testify against him - is a privilege she holds (and can waive) and ends once they divorce.
There are exceptions to these and these are roughly the federal versions. There's some variance from state to state if a matter is being handled in state court.
 
Civet said:
Privilege regarding the communications made during the marriage is held by both spouses and does not extinguish upon divorce. She can't be compelled nor can she waive it unilaterally.Testimonial spousal privilege - that she cannot be compelled to testify against him - is a privilege she holds (and can waive) and ends once they divorce.
There are exceptions to these and these are roughly the federal versions. There's some variance from state to state if a matter is being handled in state court.
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Can that really be right? If the wife of a mob boss learns that hubby ordered a hit -- or is laundering Russian money -- she can't voluntarily tell the authorities? Suppose Dad confesses to Mom that he molested their child? Suppose one spouse is the victim of the other's investment scam, and only learns about it because he/she revealed it? I understand that the spouse can't be compelled, but can he/she really be prevented from testifying voluntarily? Are there ways around that? And surely it only applies to what one spouse may have said to another, not to anything the innocent spouse might have actually witnessed him/herself?
 
Civet said:
Privilege regarding the communications made during the marriage is held by both spouses and does not extinguish upon divorce. She can't be compelled nor can she waive it unilaterally..
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Can you give any citation for this?
Because AFAIK this is plain false.
 
Bob001 said:
Can that really be right? If the wife of a mob boss learns that hubby ordered a hit -- or is laundering Russian money -- she can't voluntarily tell the authorities? Suppose Dad confesses to Mom that he molested their child? Suppose one spouse is the victim of the other's investment scam, and only learns about it because he/she revealed it? I understand that the spouse can't be compelled, but can he/she really be prevented from testifying voluntarily? Are there ways around that? And surely it only applies to what one spouse may have said to another, not to anything the innocent spouse might have actually witnessed him/herself?
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It has to be a communication. So his ex could testify about seeing him commit a crime but not him telling her about it. There are exceptions but I don't know all of them off the top of my head. I know one is that she can reveal a confidential spousal communication if the communication itself was a crime. Like "Look baby, I need you to launder this money with me."
 
What, exactly, would be the legal means with which a spouse could prevent their partner from testifying against them?
The question is not what they are allowed to say, but what a court is allowed to accept as evidence/testimony.
 
Civet said:
Nope. Two different privileges like I said earlier. Re-read my post and you'll see what I mean.
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If I understand what you're saying....

A spouse can choose to testify to something they have seen with their own eyes.

A spouse can choose to testify about something their spouse said if saying it was a crime - the example you gave was being asked to commit a crime.

A spouse cannot choose to testify about something their spouse has said to them if the communication itself is not a crime. If the spouse confesses to committing a crime, then this is privileged.
 
CapelDodger said:
I doubt you have the slightest idea how utterly weird your country seems out in the normal world. Schools as a low-key war-zone has actually become normalised in your thinking. "The answer is obvious : Kevlar vests should be part of a school's uniform. And bullet-proof textbooks should be standard." It beggars belief.
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I saw a segment on TV about bullet-proof backpacks, made as two sections that could be opened to wear as a vest. We now live in a world where such a product is commercially viable.
 
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