Themis Essay 925

Question 1

In Virginia, in a criminal case, a spouse may be

Answer 1

compelled to testify on behalf of the other spouse.

Question 2

Under spousal immunity in Virginia, neither spouse may

Answer 2

be compelled to testify against the other, except in the prosecution for an offense committed by one spouse against the other.

Question 3

The spousal immunity privilege against testifying belongs with

Answer 3

the witness spouse, not the defendant spouse.

Question 4

The Commonwealth may present victim impact testimony and the defendant’s

Answer 4

prior criminal history (adult or juvenile).

Question 5

The Commonwealth must provide the defendant 14-days’ notice prior to trial of its intention to

Answer 5

introduce copies of final orders evidencing the defendant’s prior criminal history, and must provide copies of any such final order evidence it intends to introduce at sentencing.

Question 6

A defendant may introduce any relevant, admissible evidence related to the punishment a defendant received after

Answer 6

the Commonwealth has introduced evidence of the prior conviction; the Commonwealth may then rebut with similar evidence.