Privilege

Question 1

Proposition 8

Answer 1

Proposition 8 states that all relevant evidence is admissible in a criminal case, but privilege is one of the exceptions to Prop 8

Question 2

Spousal Testimonial Privilege (Spousal Immunity)

Answer 2

The spouse of a party cannot be called as a witness by the adverse party + cannot be compelled to testify against spouse.
* Only witness-spouse hold privilege
* Can only claim privilege if married at time of trial
* Scope: Covers information before and during marriage
* Witness-spouse that initially waived privilege can retract waiver.

FRE: Only in criminal proceeding (spouse may not be called as witness by prosecution)

CEC: In both civil and criminal proceedings and applies to registered domestic partners too

Question 3

Marital Communications Privilege

Answer 3

Confidential communications made during marriage are privileged and inadmissible if made during the marriage
* Either spouse can invoke privilege
* Spouse can still be called to testify generally
* Communications between spouses are presumed confidential UNLESS spouse knew/should’ve known they could be overheard by third person

Same for CEC and FRE (CEC includes domestic registered partners)