Discuss Law & Order

This franchise confuses me no end on this matter. In some eps, one spouse cannot testify against the other even if they want to. In others, they can testify if they want to, but they cannot be compelled to do so. confused

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I am not a lawyer. Do not take this as legal advice or legally sufficient.

My understanding is that a spouse cannot testify to things their spouse told them. This is because both spouses have an expectation of privacy in their relationship.

Spouses can be compelled to testify on actions they witness. Did your husband leave the house at a certain time. What was your wife's state of mind at this time. That sort of thing. It is possible (and definitely don't take this as accurate) a spouse might be able to refuse to testify to those sorts of things.

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