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


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Status: offline 		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?

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RE: To testify or not to testify!! - 11/18/2006 5:02:23 PM   
cuddleheart50


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Status: offline 		I would only tell the truth of what I knew.

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RE: To testify or not to testify!! - 11/18/2006 5:06:33 PM   
fergus


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Status: offline 		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

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RE: To testify or not to testify!! - 11/18/2006 5:09:34 PM   
missturbation


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Status: offline 		In the US they still can not FORCE a person to testify against their spouse - 5th amendment rights.
I find that odd but
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.


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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 5:22:11 PM   
fergus


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Status: offline 		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

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RE: To testify or not to testify!! - 11/18/2006 5:25:08 PM   
missturbation


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Status: offline 		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?

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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 5:30:20 PM   
fergus


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Status: offline 		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

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RE: To testify or not to testify!! - 11/18/2006 5:41:57 PM   
slavejali


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Status: offline 		I would never testify against my partner. My first loyalty lays with him, no matter what he did.

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RE: To testify or not to testify!! - 11/18/2006 5:42:14 PM   
missturbation


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Status: offline 		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?

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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 5:46:57 PM   
fergus


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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

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RE: To testify or not to testify!! - 11/18/2006 5:49:35 PM   
missturbation


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Status: offline 		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

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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 5:51:13 PM   
slavejali


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Status: offline 		I wouldn't be happy about it....but I could understand their position.

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RE: To testify or not to testify!! - 11/18/2006 5:53:16 PM   
Kalira


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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?

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.

< Message edited by Kalira -- 11/18/2006 5:55:12 PM >

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RE: To testify or not to testify!! - 11/18/2006 5:54:04 PM   
fergus


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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


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

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RE: To testify or not to testify!! - 11/18/2006 6:01:44 PM   
missturbation


Posts: 8290
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Status: offline 		I am truly gob smacked by the opinions here.
In fact i'm dissapointed in humanity.

_____________________________

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 6:04:06 PM   
fergus


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Status: offline 		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

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RE: To testify or not to testify!! - 11/18/2006 6:06:28 PM   
missturbation


Posts: 8290
Joined: 2/12/2006
From: another planet
Status: offline 		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.

_____________________________

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 6:06:53 PM   
smarmy1


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Status: offline 		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.

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


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From: Fort Wayne Indiana
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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.

_____________________________

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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RE: To testify or not to testify!! - 11/18/2006 6:10:53 PM   
missturbation


Posts: 8290
Joined: 2/12/2006
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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.


I'm not confusing anything. If you read my original post i said in the 1800s not now.

_____________________________

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 !!

(in reply to smarmy1)
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