Jack and Jennifer are married. Jack is a career criminal who lives primarily off the proceeds of various thefts. Two months after their wedding, Jack tells Jennifer that they need money
He states that he intends to rob a liquor store and needs Jennifer to drive the getaway car. Jennifer says she is afraid of being caught and going to jail if she participates in the crime. Jack tells her, "Don't worry. If we get caught, tell the police your husband ordered you to help him and according to the Bible and Texas law, the wife must do as the husband says, even if it involves violating the law. In other words, you can't be prosecuted for crimes I order you to commit." Jennifer agrees to assist in the robbery. However, the pair do indeed get apprehended after the robbery. Jennifer tells the prosecutor that Jack commanded her to assist him. The prosecutor could correctly tell Jennifer that:
A) to take advantage of the spousal defense, Jack will have to take the stand and testify in her behalf.
B) she is free to go as she is immune from prosecution.
C) it does not matter that your husband ordered you to commit a crime, such action does not constitute a defense in Texas.
D) if she can prove a lawful marriage to Jack, she can only be charged with misprision of a felony, not the actual robbery.
C
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