Anonymous ID: 75e5c4 July 15, 2020, 7:10 a.m. No.9968198   🗄️.is 🔗kun   >>8335 >>8373 >>8620 >>8672 >>8776

>>9968135

 

Many states have had the Mask Mandates for MONTHS. But the CDC says recently, if we all wear Masks, the Kung Flu will be gone in 4-6 weeks. Uh, WTF? We've ALREADY been wearing them for MONTHS?

 

Coronavirus updates: CDC chief says masks could halt outbreak in 4-6 weeks;

 

https://www.usatoday.com/story/news/health/2020/07/15/covid-19-california-testing-moderna-vaccine-best-buy-requires-masks/5436928002/

Anonymous ID: 75e5c4 July 15, 2020, 7:32 a.m. No.9968346   🗄️.is 🔗kun   >>8360 >>8409

>>9968249

Possible loophole? If they got married as a FARCE to avoid testimony, that probably won't hold up.

 

Spousal testimonial privilege

This type of spousal privilege has been recognized throughout history and pre-dates our Constitution and even our country. It arises from the notion that married spouses are one entity and so are not competent to testify against themselves through their other (if not better) half. Under this type of spousal privilege, one spouse cannot be compelled to give testimony against his or her spouse who is a defendant in a criminal trial or the subject of a grand jury proceeding. The accused spouse may claim the privilege or the other spouse may claim it on behalf of the accused spouse. The spouses must be married at the time that the privilege is asserted; so an ex-spouse can be compelled to give testimony about a defendant to whom he or she was previously, but is no longer, married.

 

Exceptions to the spousal testimonial privilege exist where a spouse:

 

is charged with a crime against the other spouse

is charged with a crime against a child of either spouse

is charged with a crime against a third party in the course of committing a crime against the other spouse

is asked to testify about matters pre-dating the marriage, or

is charged with human trafficking for immoral purposes (such as prostitution)

In each of these situations, even current spouses may be compelled to testify against an accused spouse in a criminal trial or grand jury proceeding.

 

https://www.criminaldefenselawyer.com/resources/criminal-defense/felony-offense/can-spouses-be-forced-testify-against-one-another

Anonymous ID: 75e5c4 July 15, 2020, 8:07 a.m. No.9968607   🗄️.is 🔗kun

>>9968409

> confidentiality privilege

In Funk,

the defendant sought to admit on his behalf the testimony of defendant's

wife in an effort to reverse the defendant's conviction for conspiring to

violate a prohibition law.48 The Supreme Court in Funk asserted that even

if Congress passed no applicable legislation, the Court could repeal any

common-law rule by using the criteria of "reason and experience. ' 49 The

Court reasoned that the function of all rules of evidence is the ascertainment

of the truth and that the common law is not static, but molds itself to

changing circumstances. 50 Courts, therefore, should make continual determinations as to whether an evidentiary privilege still serves the policy which

underlies the privilege. 5 ' The Funk Court noted that justifications for the

marital privileges change with time and with society's changing needs . 2 The

Funk Court stated that the law of the marital privileges, therefore, mnust

change if the rationale underlying the privileges changes.53 Furthermore, the

Court in Funk explained that changes in evidentiary law should be premised

on reason and on the continually enlightening educational device of experience.5 4 Funk thus commenced an ongoing analysis to test the viability of the

marital privileges.

The United States Supreme Court in Wolfle v. United States, 55 reaffirmed

the Funk ruling, holding that federal courts should interpret common-law

evidentiary principles in the "light of reason and experience. ' 56 The Wolfle

Court dealt solely with the confidential communications privilege. 7 The

principal issue before the Supreme Court in Wolfle was the admissibility of

a statement in a letter from a husband to his wife. 8 The accused husband

asserted the confidential communications privilege in order to prevent admission of the incriminating statement into court.5 9 The Supreme Court noted

that courts presume that spouses intend private marital communications ta

be confidential. 6° The Court, however, did not honor the communications privilege since the prosecution offered the statement through the testimony

of the accused's stenographer who dictated the letter.6

' The Wolfle Court

observed that the confidential communications privilege protected marital

confidences essential to the preservation of the marriage. 62 Nevertheless, the

Court in Wolfle explained that marital communications made in the presence

of third parties are not privileged since the communications are not considered confidential. 63 Since the communication transpired in the presence of

the stenographer, the communication was not confidential, and the Court

allowed the admission of the stenographer's testimony.64

 

Found on pg. 206. There is more.

Interesting stuff.

https://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=2848&context=wlulr