Privileges

Question 1

True or False?

If the witness and defendant are married at the time of the trial, the witness can be placed in contempt for refusing to testify against the defendant.

Answer 1

False, they cannot be placed in contempt.

Additionally, the SPOUSAL testimonial privilege is held by the witness, not the defendant.

Question 2

Define Marital Communications Privilege.

Answer 2

Protects against disclosure of confidential spousal communications made during marriage in criminal & civil cases.

Privilege Holder: Both spouses

Duration: Continues after divorce

Question 3

Define the Spousal Immunity Privilege.

Answer 3

Shields witness-spouse from testifying against spouse in criminal case about matters that occurred before or during marriage

Privilege Holder: Witness spouse

Duration: Only active during marriage

Question 4

Define use and derivative use immunity.

Answer 4

Prevents a person’s testimony, and any evidence derived from it, from being used against him in any way that could lead to a criminal prosecution.

Note: If government prosecutes person granted this immunity, can only use evidence obtained from independent source.