To testify or not to testify!!

To testify or not to testify!! (Full Version)

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missturbation -> To testify or not to testify!! (11/18/2006 5:00:14 PM)
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?

cuddleheart50 -> RE: To testify or not to testify!! (11/18/2006 5:02:23 PM)
I would only tell the truth of what I knew.

fergus -> RE: To testify or not to testify!! (11/18/2006 5:06:33 PM)
In the US they still can not FORCE a person to testify against their spouse - 5th amendment rights. I would not testify against a spouse except under the most EXTREME circumstances - like divorce, child abuse, anything internal to the family where you needed the courts to sort it out. Elsewise? you don't rat on family. fergus

missturbation -> RE: To testify or not to testify!! (11/18/2006 5:09:34 PM)
In the US they still can not FORCE a person to testify against their spouse - 5th amendment rights. I find that odd but [:D] I found it even odder that a wife could not testify against a husband without permission - bet they got away with all sorts of domestic crime.

fergus -> RE: To testify or not to testify!! (11/18/2006 5:22:11 PM)
Yeah, but that is certainly not the case. You can freely CHOOSE to testify against a spouse if you want to. I actually think it is a good idea not to force spouses to testify. You shouldn't be forced to rat on your own spouse. fergus

missturbation -> RE: To testify or not to testify!! (11/18/2006 5:25:08 PM)
I actually think it is a good idea not to force spouses to testify. You shouldn't be forced to rat on your own spouse. Surely that would depend on what they had done?

fergus -> RE: To testify or not to testify!! (11/18/2006 5:30:20 PM)
Nope, it is constitutional. They are not forced to. If they are called to the stand, they can choose to plead the 5th amendment. fergus

slavejali -> RE: To testify or not to testify!! (11/18/2006 5:41:57 PM)
I would never testify against my partner. My first loyalty lays with him, no matter what he did.

missturbation -> RE: To testify or not to testify!! (11/18/2006 5:42:14 PM)
Thats not what i meant. I think that in certain circumstances, certain crimes testifying should be enforced. Just imagine if someone had murdered someone you loved and their spouse pleaded the fifth amendment but had vital evidence. How would you feel?

fergus -> RE: To testify or not to testify!! (11/18/2006 5:46:57 PM)
quote: ORIGINAL: missturbation Thats not what i meant. I think that in certain circumstances, certain crimes testifying should be enforced. Just imagine if someone had murdered someone you loved and their spouse pleaded the fifth amendment but had vital evidence. How would you feel? Hey, look, it would suck. But you don't rat out kin. You protect your family. Also, if you COULD force them to testify, and they didn't want to, they could just as easily lie. At least not forcing them to do so keeps it from being a farce. fergus

missturbation -> RE: To testify or not to testify!! (11/18/2006 5:49:35 PM)
Oh come on, you are telling me you would be quite happy to see the killer of your loved one walk free because their apouse wasn't forced to testify? Pull the other one its got bells on [:D]

slavejali -> RE: To testify or not to testify!! (11/18/2006 5:51:13 PM)
I wouldn't be happy about it....but I could understand their position.

Kalira -> RE: To testify or not to testify!! (11/18/2006 5:53:16 PM)
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? No. And I will be totally honest here, if forced to do so for any reason, I would go to jail first. For myself, it's a matter of loyalty.

fergus -> RE: To testify or not to testify!! (11/18/2006 5:54:04 PM)
quote: ORIGINAL: missturbation Oh come on, you are telling me you would be quite happy to see the killer of your loved one walk free because their apouse wasn't forced to testify? Pull the other one its got bells on [:D] Who ever said I'd be happy? In fact, I said it would suck! It would suck greatly! I should hope they would be able to do their job and gather enough evidence. If it were a loved one, I honestly am not sure I wouldn't take justice in my own hands as well (as horrible as I know that sounds). You don't rat on family. And any family that spawned a killer, I wouldn't trust their testimony anyway. fergus

missturbation -> RE: To testify or not to testify!! (11/18/2006 6:01:44 PM)
I am truly gob smacked by the opinions here. In fact i'm dissapointed in humanity.

fergus -> RE: To testify or not to testify!! (11/18/2006 6:04:06 PM)
quit the opposite for me! I am actually happy to know there is some level of mutual commitment and protection among people, and our laws still reflect that. Perhaps the family hasn't totally broken down after all! fergus

missturbation -> RE: To testify or not to testify!! (11/18/2006 6:06:28 PM)
Well my estimation of you has gone right down the toilet. You'd rather see a murderer walk free to reoffend and they will time and time again to protect your family than protect innocent victims. It's disgusting.

smarmy1 -> RE: To testify or not to testify!! (11/18/2006 6:06:53 PM)
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.

Kalira -> RE: To testify or not to testify!! (11/18/2006 6:08:34 PM)
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.

missturbation -> RE: To testify or not to testify!! (11/18/2006 6:10:53 PM)
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. I'm not confusing anything. If you read my original post i said in the 1800s not now.

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