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To: general_re; Holly_P
In domestic abuse cases, spousal privilege is waived. The abuse can be against the spouse or the child (or presumably a senior citizen living in the house). With no privilege, the prosecutor couuld compell the spouse to testify.

As for hearsay, statements against interest are always admissable.I can't remember if its considered nonhearsay or an exception to the hearsay rule (been years since I studied it in law school), regardless, if you say something that hangs yourself, that statement will be used against you in court.
32 posted on 12/11/2003 10:07:50 PM PST by Maximum Leader (run from a knife, close on a gun)
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To: Maximum Leader
In domestic abuse cases, spousal privilege is waived. The abuse can be against the spouse or the child...

That's hardly a uniform exception. Your state may have such an exception - the state of Montana, for example, does not.

34 posted on 12/11/2003 10:23:16 PM PST by general_re (Knife goes in, guts come out! That's what Osaka Food Concern is all about!)
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To: Maximum Leader
Although looking back through the Uniform Rules of Evidence, there may very well be such an exception buried in there somewhere. You can probably tell it's been a while since I've looked at such things ;)
35 posted on 12/11/2003 10:34:11 PM PST by general_re (Knife goes in, guts come out! That's what Osaka Food Concern is all about!)
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