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RE: To testify or not to testify!! - 11/18/2006 6:11:35 PM   
fergus


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quote:

ORIGINAL: smarmy1

MissTurbation:

You appear to be confusing two separate issues:

1- Whether women were permitted to testify in court at all
2- Whether people can (or could be) forced to testify against their spouses.

In the 19th century there were many jurisdictions in which women couldn't testify in the first place, so of course they couldn't testify against their husbands.

I'd be interested to see legislation that specifically forbade testifying against a spouse.  As far as I know, there is no such legislation.  There is, however. legislation that forbids the court to force people to testify against their spouses.

Mind you, this is unrelated to the Fifth Amendment.

The Fifth Amendment guards against self incrimination.not incrimination of partners or spouses.


smarmy, you are incorrect, there is a provision in the 5th amendment about spouses as well.  Usually the 5th amendment is about SELF-incrimination, but it does also cover spouses.  It is not usually invoked because no one calls a spouse to the stand to testify against someone they don't want to!

fergus

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RE: To testify or not to testify!! - 11/18/2006 6:12:27 PM   
missturbation


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quote:

ORIGINAL: Kalira

quote:

ORIGINAL: missturbation

I am truly gob smacked by the opinions here.
In fact i'm dissapointed in humanity.

Hmm, and I feel the opposite. My faith in humanity lies in my belief that loyalty comes before all else; it's refreshing to see that it still exists.


Loyalty at the cost of someones life?
Hmm i'd rather not have that loyalty thanks.

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RE: To testify or not to testify!! - 11/18/2006 6:15:11 PM   
Kalira


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quote:

Loyalty at the cost of someones life?

Yes Mist, even at the cost of another's life. We all have reasons for what we stand firm on, and what we do not; I respect yours, have the decency to do the same with others.

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RE: To testify or not to testify!! - 11/18/2006 6:15:26 PM   
fergus


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Status: offline 		whoops, just had a read of it, and doesn't say anything about spouses! I stand corrected and apologize!

But I do believe there are other stautes to that effect!

fergus

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RE: To testify or not to testify!! - 11/18/2006 6:17:14 PM   
Kalira


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quote:

ORIGINAL: fergus

whoops, just had a read of it, and doesn't say anything about spouses! I stand corrected and apologize!

But I do believe there are other stautes to that effect!

fergus

I would have to look, but there are some statutes which do allow for spouses/family members to NOT have to testify. However, there is also a way around those...commonly known as a hostile witness in which you CAN be forced to testify...the cost of refusal is jail.

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We are more easily led part by part to an understanding of the whole.
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Damnant Quod Non Intellegunt

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RE: To testify or not to testify!! - 11/18/2006 6:18:40 PM   
Level


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quote:

ORIGINAL: missturbation

Apparently in the 1800's it was illegal (certainly in the USA) to testify against your husband in court unless he gave you permission.
Just made me wonder would you testify against a partner or a loved one if it came to it?


Depends on what it was, misst.

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RE: To testify or not to testify!! - 11/18/2006 6:20:07 PM   
missturbation


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quote:

ORIGINAL: Kalira

quote:

Loyalty at the cost of someones life?

Yes Mist, even at the cost of another's life. We all have reasons for what we stand firm on, and what we do not; I respect yours, have the decency to do the same with others.


I cannot respect an opinion that could be at the cost of innocent lives. I have decency to know that to protect a murderer is wrong.

Edited to add i respect your right to have that opinion but i do not have to respect the opinion itself.

< Message edited by missturbation -- 11/18/2006 6:22:07 PM >

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RE: To testify or not to testify!! - 11/18/2006 6:23:01 PM   
Kalira


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quote:

I cannot respect an opinion that could be at the cost of innocent lives. I have decency to know that to protect a murderer is wrong.

Suit yourself.

I refuse to discuss with such a closed mind.

Have a nice evening.



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We are more easily led part by part to an understanding of the whole.
Seneca

Damnant Quod Non Intellegunt

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RE: To testify or not to testify!! - 11/18/2006 6:23:18 PM   
missturbation


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quote:

ORIGINAL: Level

quote:

ORIGINAL: missturbation

Apparently in the 1800's it was illegal (certainly in the USA) to testify against your husband in court unless he gave you permission.
Just made me wonder would you testify against a partner or a loved one if it came to it?


Depends on what it was, misst.


I agree.

_____________________________

What you don't witness with your eyes, don't witness with your mouth. Proverb.

If it fit's in a toaster, i can cook it.

Buying 10 item's or less is not shopping !!

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RE: To testify or not to testify!! - 11/18/2006 6:31:48 PM   
NeedToUseYou


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Status: offline 		I would turn in and testify against anyone that took part in certain crimes. Like rape, murder, molestation. The big ones. I doubt I would turn in a relative for something like stealing a tank of gas, though, like purely small time financial based crimes.

Don't know, but when it comes to certain crimes, no matter who you are, or how long I know anyone. There getting turned in if I find out.

It is a bit disturbing that some wouldn't turn in a molesting family member, or murderer. Yeah, that's fucked up.


Question: So, what if a family member killed another family member, raped, or molested. Then what? 




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RE: To testify or not to testify!! - 11/18/2006 6:32:49 PM   
fergus


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Status: offline 		http://www.answers.com/topic/spousal-privilege

Found it, it is strong but not absolute.  And it varies from district to district.  Interesting to note that is has its foundations in English law.

fergus

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RE: To testify or not to testify!! - 11/18/2006 6:34:05 PM   
slavemaia


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quote:

ORIGINAL: missturbation

Apparently in the 1800's it was illegal (certainly in the USA) to testify against your husband in court unless he gave you permission.
Just made me wonder would you testify against a partner or a loved one if it came to it?


Not unless Master told me to - ha ha ha ha ha ha ha ha - okay, sorry. i'm in a silly mood.

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RE: To testify or not to testify!! - 11/18/2006 6:35:10 PM   
missturbation


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Status: offline 		Question: So, what if a family member killed another family member, raped, or molested. Then what? 

I'd turn them in.

_____________________________

What you don't witness with your eyes, don't witness with your mouth. Proverb.

If it fit's in a toaster, i can cook it.

Buying 10 item's or less is not shopping !!

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RE: To testify or not to testify!! - 11/18/2006 6:35:41 PM   
Kalira


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From: Fort Wayne Indiana
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quote:

Question: So, what if a family member killed another family member, raped, or molested. Then what? 


Really quite simple. Things of that nature are handled within the family. It's how I was raised, and I respect it.

and before anyone asks, yes, I have gone to jail because I refused to testify against someone; and I would do it again.

It does not say that I 'support' the crime that they have done, only that there are other ways that things can be handled without compromising loyalty.

_____________________________

Facilius Per Partes In Cognitionem Totius Adducimur
We are more easily led part by part to an understanding of the whole.
Seneca

Damnant Quod Non Intellegunt

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Profile   Post #: 34
RE: To testify or not to testify!! - 11/18/2006 6:36:22 PM   
missturbation


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quote:

ORIGINAL: fergus

http://www.answers.com/topic/spousal-privilege

Found it, it is strong but not absolute.  And it varies from district to district.  Interesting to note that is has its foundations in English law.

fergus


Why do you find that interesting?
 

_____________________________

What you don't witness with your eyes, don't witness with your mouth. Proverb.

If it fit's in a toaster, i can cook it.

Buying 10 item's or less is not shopping !!

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Profile   Post #: 35
RE: To testify or not to testify!! - 11/18/2006 6:36:37 PM   
NeedToUseYou


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quote:

ORIGINAL: missturbation

Question: So, what if a family member killed another family member, raped, or molested. Then what? 

I'd turn them in.


Oh, I know you would from your posts, I was just pondering what the people that say they wouldn't turn in a family member would do.

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RE: To testify or not to testify!! - 11/18/2006 6:37:06 PM   
BitaTruble


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quote:

ORIGINAL: missturbation

Apparently in the 1800's it was illegal (certainly in the USA) to testify against your husband in court unless he gave you permission.
Just made me wonder would you testify against a partner or a loved one if it came to it?


I am so committed to personal responsibility, I would grieve if someone I loved did something then refused to take responsibility for it. For me, it goes to the core and meaning of integrity and if someone shows to me they are undeserving of such, I can't see how I would be loyal to them. That said, I would not break my own word once given so there are a lot of considerations to make before I would determine if it were something I would testify to or not. Have I given my word to this person? What reasons do they have for remaining silent themselves? There are just too many variables to answer an emphatic yes or no.

Celeste

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RE: To testify or not to testify!! - 11/18/2006 6:37:13 PM   
FangsNfeet


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quote:

ORIGINAL: missturbation

Apparently in the 1800's it was illegal (certainly in the USA) to testify against your husband in court unless he gave you permission.
Just made me wonder would you testify against a partner or a loved one if it came to it?


It would depend on the crime or accusation in question. Not only that, but if she lied about it to me to begin with. After all, Pet is not allowed to do much without my permission to begin with. Did she ask permission to commit the crime? Did she do it after I said no? Did she try to keep the idea and action a secret from me? The answers of those questons would determine what I would say to the judge, DA, and jury.  

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RE: To testify or not to testify!! - 11/18/2006 6:37:55 PM   
missturbation


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quote:

ORIGINAL: slavemaia


quote:

ORIGINAL: missturbation

Apparently in the 1800's it was illegal (certainly in the USA) to testify against your husband in court unless he gave you permission.
Just made me wonder would you testify against a partner or a loved one if it came to it?


Not unless Master told me to - ha ha ha ha ha ha ha ha - okay, sorry. i'm in a silly mood.


Lol but joking aside what if Master did tell you to turn them in? Would you be loyal to him or loyal to your loved ones?

< Message edited by missturbation -- 11/18/2006 6:40:44 PM >

_____________________________

What you don't witness with your eyes, don't witness with your mouth. Proverb.

If it fit's in a toaster, i can cook it.

Buying 10 item's or less is not shopping !!

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Profile   Post #: 39
RE: To testify or not to testify!! - 11/18/2006 6:39:38 PM   
Arpig


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Status: offline 		It would depend on what the crime was I suppose, but given that I am highly unlikely to ever have a spouse again, its somewhat of a moot point.
I did notice, however that the spousal priveledge only covers a conversation or letter exchanged as husband & wife, therefore if a wife was in the room when her husband planned a crime with his accomplice, by my reading of that atricle, she would be compelled to testify, as that would not be a private husband-wife conversation.


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