Reference no: EM133813518

Question

Assume that Dave and Dora are both 28 years old, married and jointly illegally selling cocaine and heroin to area users. Both are arrested together and charged with an assortment of drug crimes. The prosecutor is much more interested in convicting Dave rather than Dora. The prosecutor approaches Dora and her lawyer and says that he will drop nearly all charges against Dora if she testifies against Dave. She is eager to take the deal and testify. Dave's attorney gets wind of this deal and objects contending that Dora and Dave are married, and "spousal privilege" prevents the disclosure of anything said between the couple in privacy while they are married. Is there any way that Dora can testify against Dave and take the deal offer by the prosecution and why or why not? No - The spousal privilege prevents any such disclosures being made in open court. No - As long as the conversations were private, they cannot be disclosed, not even by a willing Dora. Yes - This is a case of the "Partnership-in-Crime" exception to spousal privilege - Since both were jointly involved in the criminal activity Dora can testify against Dave. Yes - Dora can testify against her husband but only if the prosecutor agrees to drop some of the charges against Dave.