They will both have to testify about their individual actions on the day of shooting if this goes to trial, and what they saw before and during the shooting, and what was said.
Like all things in the law, there are exceptions when spousal privilege does not apply:-When both spouses are participants in illegal activity;-When one spouse is charged with a crime against the other spouse or a child;-When the marriage was a sham marriage;-When one spouse is being used by the other for human trafficking.
If the prosecution charges both for the same crime, they will have to answer every question at trial. Sure, if she had stayed home, she couldn’t be asked “Did you overhear…or did you see lots of bundled cash in closet…”
Crime-fraud nullifies privilege. If prosecutors can show one hid or planted evidence, the prosecutor can ask. If she buys a Ferrari after the shooting, the prosecutor can ask her if she got the money from her husband before or after the shooting.
A Catholic priest can’t be compelled to testify what a suspect said in confessional but if a Catholic priest is molesting a kid and the two rob a store and one kills a bystander, the prosecutor can ask any question about the abuse, or what happened on day of the shooting and compel testimony at court about who planned the crime. Prosecutor can ask priest if he molested and groomed kid in confessional.
Spousal privilege is intended to protect the sanctity of marriage so an innocent spouse can ask questions or not ask questions. A spouse cannot be forced to testify why they failed to discern crime, or if they were negligent. But if both are working together on a crime, one or both buy a Ferrari after, and one or both hide evidence or give false statements, that privilege goes away.
Privilege only protects you if you can say “I wasn’t at the crime scene. And I can’t be compelled to answer because as a spouse I’m not expected to ask my husband questions about where the bag with $100,000 came from.” Like, spouses should be able to ask one another “I might have broken a law, what do we do now?” So the law gives limited immunity for spouses so they feel comfortable talking about normal marital issues and minor infidelity and misdemeanors. But the privilege goes out the window when wife acts as spotter and the husband is bleeding and two people are dead and $100,000 down payment is in the closet and Q has you and spouse on surveillance hiding evidence, planning a hit.
https://www.youtube.com/watch?v=75iv3RKQUAM
They will both have to testify about their individual actions on the day of shooting if this goes to trial, and what they saw before and during the shooting, and what was said.
Like all things in the law, there are exceptions when spousal privilege does not apply:-When both spouses are participants in illegal activity;-When one spouse is charged with a crime against the other spouse or a child;-When the marriage was a sham marriage;-When one spouse is being used by the other for human trafficking.
If the prosecution charges both for the same crime, they will have to answer every question at trial. Sure, if she had stayed home, she couldn’t be asked “Did you overhear…or did you see lots of bundled cash in closet…”
Crime-fraud nullifies privilege. If prosecutors can show one hid or planted evidence, the prosecutor can ask. If she buys a Ferrari after the shooting, the prosecutor can ask her if she got the money from her husband before or after the shooting.
A Catholic priest can’t be compelled to testify what a suspect said in confessional but if a Catholic priest is molesting a kid and the two rob a store and one kills a bystander, the prosecutor can ask any question about the abuse, or what happened on day of the shooting and compel testimony at court about who planned the crime. Prosecutor can ask priest if he molested and groomed kid in confessional.
Spousal privilege is intended to protect the sanctity of marriage so an innocent spouse can ask questions or not ask questions. A spouse cannot be forced to testify why they failed to discern crime, or if they were negligent. But if both are working together on a crime, one or both buy a Ferrari after, and one or both hide evidence or give false statements, that privilege goes away.
Privilege only protects you if you can say “I wasn’t at the crime scene. And I can’t be compelled to answer because as a spouse I’m not expected to ask my husband questions about where the bag with $100,000 came from.” Like, spouses should be able to ask one another “I might have broken a law, what do we do now?” So the law gives limited immunity for spouses so they feel comfortable talking about normal marital issues and minor infidelity and misdemeanors. But the privilege goes out the window when wife acts as spotter and the husband is bleeding and two people are dead and $100,000 down payment is in the closet and Q has you and spouse on surveillance hiding evidence, planning a hit.
Yeah, if I am ever put into this situation I'm using the Hilary Clinton method, "I don't recall, I don't recall, I don't recall"