Spousal priviledge?

Question

Does this law state that you can't testify against your spouse or that you don't have to? And is it limited to converstaion with your spouse, or does it also apply to providing an alibi or describing something you found in their possessions?

Perhaps I should clarify that this question was pure curiosity - there are not, never were, and most likely never will be any circumstances where I am concerned with testifying against my husband. He's a good guy - LOL

Answer 1

The Marital Privileges
There is a presumption that all marital communications are confidential. There are two distinct marital privileges: the "adverse testimony" privilege. and the "confidential communications testimony" privilege. The marital privilege cannot generally be used to quash a subpoena, but it may be invoked in response to specific questions.

The adverse testimony privilege may only be asserted by the witness-spouse and it allows her to refuse to testify against her spouse. This privilege is only available to a witness during a marriage: it may not be asserted after a marriage is dissolved.

The confidential communications privilege may be asserted by the witness spouse or the spouse against whom she is asked to testify. It may only be asserted with respect to confidential communications made during a valid marriage, but, unlike the adverse testimony privilege, there is no requirement that the parties be then married. A court may look beyond the legal validity of the marriage to see if the marriage is sham in which case it will not recognize the privilege. The confidential communications privilege will also not protect a witness from testifying about non-communicative actions of a spouse, which would be privileged under the broader protections of the adverse testimony privilege.
http://www.animal-law.org/library/pamphlet.htm#marit

"Spousal privilege. A husband cannot be examined for or against his wife without her consent or a wife for or against her husband without his consent; nor can either, during the marriage or afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other or to a criminal action or proceeding for a crime committed by one against the other."
http://www.lawandfiction.com/law/column.5.html

Answer 2

While the laws vary by state (and "this state" is ambiguous), there are some general standards.

Most jurisdictions recognize two separate privileges. One is confidential communications privilege. It protects private communications made during marriage, lasts forever, and can be asserted by either spouse. However, it only applies to private confidential communications between the spouses, not to observations or where a third party was present.

The other is marital adverse testimony privilege. It allows a spouse to refuse to against the other spouse, though it is usually limited to criminal trials. That privilege is held by the witness spouse, and applies to all testimony regarding the marriage, not just communications. However, only applies when testifying during a healthy and stable marriage, because the purpose is not to put a strain on an existing marriage.

Again, the laws vary by state, and there are subtle expectations in various jurisdictions. But that's the basics of how it works.

Answer 3

As a big fan of Law & Order, I know this one.

Spousal privilege covers only conversations between married couples.

You can testify against your spouse, just not about anything he or she told you.

Statements that are privileged cannot be admitted in a court. It is the same idea as attonry/client priviledge.

A spouse can be charged if lying about an alibi, or anything else.

Answer 4

The law is that anything one spouse has said to another is considered priviledged communication, and therefore, can not be used in a court of law against them. Even if a spouse is willing to testify, their testimony will not be admisable.

The best thing to do: Inform someone of the information, and then find a way to prove it another way.

Answer 5

In some states, the privilege belongs to the spouse who is the party to the court proceeding and he or she can effectively silence the non-party spouse from testifying. In other states, the privilege belongs to the witness-spouse and he or she can decide whether or not to testify to the privileged communications. The communications have to be made in a context where the spouses believe they are engaging in private communications.

Answer 6

It is meant to prevent you from repeating something that your spouse told you in confidence, like attorney/ client privilege.

If it is evidence that you discover on your own, there is no privilege. As for alibis, you are required to tell the truth, regardless. You either saw him somewhere or you didn't.

You will be required to testify to whatever the judge orders you to testify about.

Answer 7

Spousal privilege falls under the 5th amendment and as such can be used to invoke silence... rather than alibi's. You must be married at the time of the offence upon which you would claim spousal privilege. i.e. if you got married after he was arrested say - to save yourself from having to testify in the future about something that happened before you were married - it wouldn't work.

Answer 8

I believe the law is that you do not have to testify against your spouse for what ever reason.

Answer 9

The law has nothing to do with what this questions is about, you can testify against your spouse if you haft to.

Answer 10

just that you don't have to,talk to him though,maybe it wasn't him that put it there.