§5.31 Spousal Testimonial Privilege
C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §5.31 (6th ed. Wolters Kluwer 2018)
8 Pages Posted: 2 Nov 2018
Date Written: 2018
This article addresses the spousal testimonial privilege. It discusses the rationale and history of the privilege as well as its current requirements. The privilege allows a spouse to refuse to testify against the other spouse in a criminal proceeding, but does not allow a criminal defendant to block the testimony by his or her spouse if the testifying spouse chooses to waive the privilege. The privilege requires a lawful marriage and does not apply to sham marriages.
Keywords: spousal privileges, marital privileges, spousal testimonial privilege, sham marriages, testimony by spouse
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