Difference between revisions of "Hawkins v. United States"
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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. | 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. | ||
| − | [[ | + | [[Category:United States Supreme Court Cases]] |
| − | [[ | + | [[Category:Fifth Amendment]] |
Latest revision as of 06:29, June 27, 2016
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.