GENERALLY, when one spouse commits a crime — never mind the level of crimes committed by the late, non-lamented Chels — they are afforded what is commonly called “spousal privilege“, that is, they cannot be compelled to testify against wifey or hubby! Understood?
ON the other hand, even though under Military Rule of Evidence 504 a spouse also enjoys protected privilege, its exceptions are highly intrinsic. Limited.
Although civilian federal courtsrecognize the joint participant exception to the marital privilege, the joint-participant exception does not apply in military cases. See United States v. Custis, 65 M.J. 366 (C.A.A.F. 2007). In Custis, the CAAF reasoned that unlike privileges in the federal civilian courts that evolve based on case law, privileges in the military system are specifically delineated…..
SUFFICE it to say: when hubby Marc testified against wifey, well, he rolled the dice — and lost…
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