Difference between revisions of "Hawkins v. United States"
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In '''''Hawkins v. United States''''', 358 U.S. 74 (1958), the [[U.S. Supreme Court]] unanimously upheld (one concurrence) application of the [[Fifth Amendment]] to [[marital unity]] such that a criminal [[defendant]] has the right to prevent his spouse from testifying against him. | In '''''Hawkins v. United States''''', 358 U.S. 74 (1958), the [[U.S. Supreme Court]] unanimously upheld (one concurrence) application of the [[Fifth Amendment]] to [[marital unity]] such that a criminal [[defendant]] has the right to prevent his spouse from testifying against him. | ||
Revision as of 16:38, August 16, 2012
In Hawkins v. United States, 358 U.S. 74 (1958), the U.S. Supreme Court unanimously upheld (one concurrence) application of the Fifth Amendment to marital unity such that a criminal defendant has the right to prevent his spouse from testifying against him.
This decision was partially overturned in United States v. Trammel, leaving only a privilege to be held by the witness (and not by the defendant) to decline to testify against her defendant-spouse.