Why does spousal privilege exist?

Question

Why is it that if a husband tells his wife about a crime he committed she cannot use it to testify against him in court? Or am I grossly misunderstanding it?

Answer 1

The basis of the law is :Marital privilege is based on the policy of encouraging spousal harmony, and preventing people from having to condemn, or being condemned, by their spouse.

And

EITHER spouse can invoke this whether they are the accused or not. Ex: If a husband is a defendant in a criminal case (domestic abuse,child custody or divorce aside) even if the wife is willing to testify the husband can prevent it based upon confidentiality of a communication made under marital protection.


the link below spells it all out

Answer 2

Marital privilege laws exist at the state level as well as the federal level, and vary by state. The witness spouse alone holds the privilege and may choose to waive it.


“the privilege of a witness [or] person . . . shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience.” The Supreme Court has recognized two privileges that arise from the marital relationship. The first permits a witness to refuse to testify against his or her spouse. This is the testimonial privilege. The witness spouse alone holds the privilege and may choose to waive it.
The second privilege, called the marital communications privilege, provides that “[c]ommunications between the spouses, privately made, are generally assumed to have been intended to be confidential, and hence they are privileged . . . .” The privilege (1) extends to words and acts intended to be a communication; (2) requires a valid marriage; and (3) applies only to confidential communications, i.e., those not made in the presence of, or likely to be overheard by, third parties. Recognizing that the privilege obstructs the truthseeking process, courts have construed it narrowly, particularly in criminal proceedings, because of society’s strong interest in the administration of justice. The government bears the burden of showing that the communication was not intended to be confidential.

Federal law recognizes exceptions “where one spouse is charged with a crime or tort against the person or property of the other or against a child” of either. Most states also have a statute stating that if one spouse is the victim of abuse by the other spouse, the victim's testimony can be compelled and spousal privilege cannot be asserted.

Answer 3

You are misunderstanding (grossly or not). A spouse is not "required" to testify against his/her spouse as another individual would be compelled to do (other than "taking the 5th"). However, a spouse CAN testify against the other spouse if they so choose.