Difference between revisions of "Hawkins v. United States"
Jump to navigation
Jump to search
m |
FernoKlump (talk | contribs) m |
||
| Line 1: | Line 1: | ||
| − | 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. |
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:United States Supreme Court Cases]] | ||
[[category:Fifth Amendment]] | [[category:Fifth Amendment]] | ||
Revision as of 23:39, May 2, 2008
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.