Privileges

Question 1

Martial privilege

Answer 1

The marital privilege provides that either spouse has a privilege not to testify as to a confidential communication made between spouses during the marriage. The communication must be made in reliance on the intimacy of the marital relationship. The privilege survives the marriage. The privilege doe snot apply if the communication is revealed to a third party.

Question 2

Clergy-penitent privilege

Answer 2

Pursuant to the clergy-penitent privilege, a person has a privilege to refuse to disclose, and to prevent others from disclosing, a confidential communication by that person to a member of the clergy in the clergy member’s capacity as a spiritual adviser.