![]() 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. This type of spousal privilege has been recognized throughout history and pre-dates our Constitution and even our country. Marital communications privilege, barring testimony about confidential communications between spouses.Spousal testimonial privilege, barring testimony against a spouse in a criminal trial, and.Federal Law on Spousal Privilegeįederal (and many state) courts recognize two types of spousal privilege: It is up to the spouses to protect their privileged communications, and either spouse may waive the privilege by his or her conduct or other communications. And, the spouse wishing to assert the privilege may waive it by offering testimony about the subject of a confidential spousal communication through a third-party witness. Either spouse may also waive the privilege by communicating a confidential spousal communication to a third party. A spouse may waive (or lose the right to assert) the privilege by failing to object to the other spouse's testimony when offered. Privileges have to be properly asserted and, if they are not, may be waived. Balancing these competing needs has resulted in various exceptions to, and underlying requirements for, the spousal privilege. However, this goal must be balanced against the competing need to avoid the harm caused when evidence is withheld from trials. Protecting marital relationships versus the need for evidenceĬourts and the federal and state governments recognize the spousal privilege in order to protect marital relationships from the harm that would befall them if spouses could be forced to testify against each other. The spousal relationship is granted a similar privilege. Among the best-known privileges are the attorney-client privilege and the doctor-patient privilege. Privileges are granted by state and federal law in order to protect certain important relationships. Exercising a constitutional right is not a "privilege," and there are few exceptions to it. By contrast, the right not to give testimony against oneself is a constitutional right ("taking the Fifth," in common parlance). ![]() This general rule promotes the interests of justice by ensuring fair trials on all of the available evidence.Ī privilege, which is not a constitutional right, allows a person to object to their own or other's testimony about communications within certain confidential relationships. What is a Privilege?Ī "privilege" under the law is an exception to the universal rule that no one may refuse to give testimony or other evidence in a legal proceeding. However, the spousal privilege is not absolute and comes with several exceptions and conditions. But "privilege" has a special meaning under the law: protection from being forced to testify about communications between yourself and a person with whom you have a special relationship, such as a spouse.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |