Also known as: spousal privilege · spousal immunity · marital privilege · husband-wife privilege
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An evidentiary doctrine that prevents compulsion of one spouse to give adverse testimony against the other in a criminal proceeding. In federal court the witness spouse alone holds the privilege and decides whether to testify.
An evidentiary doctrine that prevents compulsion of one spouse to give adverse testimony against the other in a criminal proceeding. In federal court the witness spouse alone holds the privilege and decides whether to testify.
Santiago Sanchez stands trial in federal court on fraud charges. Prosecutors subpoena his wife Sofia Stern to describe statements he made before and during their marriage. Sofia elects to testify over Santiago's objection. The court allows her testimony because the testimonial privilege belongs solely to the witness spouse.
An evidentiary doctrine that shields confidential communications exchanged between spouses during marriage from compelled disclosure in court proceedings.
Simone Sanders seeks to prevent her spouse from disclosing private marital conversations in a custody dispute. The couple married after the conversations occurred. The court upholds the communications privilege because a valid marriage existed at the time of the exchanges.
An evidentiary doctrine that shields confidential communications exchanged between spouses during marriage from compelled disclosure in court proceedings.
Each sense below has its own examples, sources, and questions.
Scott Summers faces state criminal charges. His wife Stella Shapiro wishes to testify about events before their marriage. Scott objects under the state's majority rule. The court sustains the objection because the party spouse holds the privilege and may block the testimony.
Sophia Singh is called to testify against her husband in a federal prosecution. She invokes the testimonial privilege and declines. The prosecution seeks to introduce her prior statement instead. The court excludes the statement because the privilege bars compulsion and the confrontation right does not override it.
Stella Shapiro refuses to testify against her husband in a federal drug case. The government attempts to use evidence obtained through her earlier statements. The court suppresses the evidence because the testimonial privilege prevents compulsion and the exclusionary framework does not compel her testimony.
The witness spouse alone holds the privilege. The witness spouse may choose to testify even if the defendant spouse objects but cannot be compelled to testify.
Yes. The privilege may be invoked during a valid marriage and reaches testimony about matters that occurred before the marriage.
In federal court the witness spouse holds the privilege and may elect to testify. In most state courts the party spouse holds the privilege and may block the witness spouse from testifying.
The communication must have been made in confidence during a valid marriage in reliance on the intimacy of the marital relationship.
…in custody, as evidence that the stabbing was not in self-defense. The wife did not testify at trial because of the State’s marital privilege. Petitioner argued that admitting the statement would violate his Sixth Amendment right to be confronted with the witnesses against him. The trial court agreed to admit the statement, and…