Re: Local crime story (And stories like this?)

Francis A. Miniter wrote:

> Kat Richardson wrote:
>
>> Francis A. Miniter wrote:
>>
>>>Kat Richardson wrote:
>>><snip>
>>>>Francis (or John P, if you know): I seem to recall that a spouse cannot
>>>>be compelled to testify against their spouse (exes, I believe, don't
>>>>count). Is that true or is it a fiction?
>>>>
>>>><snip>
>>>
>>>Hi Kat,
>>>
>>>I purposely avoided that issue in my response. But, here goes. The old
>>>common law rule was that a spouse was incompetent to testify in a trial
>>>of the other spouse. That meant that she or he could not testify even
>>>on behalf of the accused spouse. Somewhere in the 19th century, if my
>>>recollection serves, that rule was deemed too draconian. A spouse could
>>>not under that rule even say "He was home with me all night."
>>>
>>>So, the rule changed and variants flew off in all directions. In some
>>>jurisdictions, a spouse cannot testify against the accused spouse [still
>>>a form of incompetency] but can testify for him or her. In other
>>>jurisdictions, a spouse cannot be compelled to testify against the
>>>accused spouse, but can choose to testify against the accused spouse.
>>>In still other jurisdictions, the rule is that a spouse can be compelled
>>>to testify but not as to communications between the spouses. Under this
>>>rule, a spouse could be forced to say, "He came home at midnight and his
>>>white shirt was covered with blood and then he burned it," but could
>>>not be compelled to say, "I asked him what happened and he said he
>>>killed my boyfriend." So the variations on the rule have to be
>>>examined from state to state.
>>>
>>>Exes do not count as there is nothing in the relationship to preserve -
>>>supposedly.
>>>
>>>
>>>Francis A. Miniter
>>
>>
>> Ah-hah! I'm sorry to have put you on the spot, Francis. But thank you
>> very
>> much for the explanation of the spousal testimony issue. I hadn't
>> realized
>> it was so complicated. It's one of those conventions in Golden Age
>> mysteries--Witness for the Prosecution being a famous instance--which I
>> wasn't sure really existed anymore, if it ever had.
>
>
> Definitely complicated. The writer may have to move the events to another
> jurisdiction to get the right level of spousal immunity. So much research!
>
>
> Francis A. Miniter


Heheh. I'm nothing if not lazy, so I'll probably have to skip
fictionalizing this one.
--
Kat Richardson
Greywalker--coming from Roc in October, 2006
http://www.katrichardson.com/
.

Relevant Pages

  • Re: Local crime story (And stories like this?)
    ... >>Francis A. Miniter wrote: ... >>>granted, in the first trial, you would hardly expect the spouse not being ... >>>to testify, given that that person's trial is yet to come. ...
    (rec.arts.mystery)
  • Re: The English Patient
    ... Francis A. Miniter wrote: ... And tell us your impressions. ... I remember when I read it thinking that there was no way that they could successfully make this into a movie and keep the ambiguity. ...
    (rec.arts.books)
  • Re: The English Patient
    ... Francis A. Miniter wrote: ... But in the 15th century, a 12 year old girl was ripe for marriage, as was a 14 year old boy. ... When they are reunited, the man, whose actions have been more repulsive than the woman's, cannot bear the fact that she spent the war in a whore house. ...
    (rec.arts.books)
  • Re: Pears, The Dream of Scipio
    ... Francis A. Miniter wrote: ... There is a lot of history and philosopy Pears ... Today, while trying to find a copy of Cicero's Somnium Scipionis, I tripped across Ambrosius Theodosius Macrobius, a Roman grammarian and neo-platonist who lived in the first half of the 5th century. ...
    (rec.arts.mystery)
  • Re: Pears, The Dream of Scipio
    ... Francis A. Miniter wrote: ... There is a lot of history and philosopy Pears ... Today, while trying to find a copy of Cicero's Somnium Scipionis, I tripped across Ambrosius Theodosius Macrobius, a Roman grammarian and neo-platonist who lived in the first half of the 5th century. ...
    (rec.arts.mystery)