Privileges

Question 1

When does privilege apply?

Answer 1

refers only to TESTIMONY- nothing else.

Question 2

Spousal Testimonial Privilege

Answer 2

In a CRIMINAL CASE ONLY

1) a married person whose spouse is the D
2) may not be called to TESTIFY AGAINST the spouse at trial
3) or in grand jury proceedings in which the spouse is a target
(a) in fed courts, ONLY the witness-spouse may invoke the privilege
- if the witness-spouse wishes to testify the D- spouse MAY NOT PREVENT HER
(b) There must be a VALID MARRIAGE for the Privilege to exist
- (c) The privilege lasts only during the marriage Divorce ENDS it
(d) If a marriage exists, the privilege may be asserted even as to events BEFORE the marriage

Question 3

Does the spousal testimonial privilege allow the defendant to invoke the privilege?

Answer 3

NO

• In fed courts, ONLY the witness-spouse may invoke the privileges.
• if the witness- spouse wishes to testify, the D-spouse may not prevent her

Question 4

Does there need to be a valid marriage for the privilege to exist in “Spousal Testimonial Privilege”

Answer 4

Yes

• There must be a valid marriage for the privilege to exist

Question 5

When does the privilege end in a marriage under Spousal Testimonial Privilege?

Answer 5

• The privilege lasts only during the marriage, DIVORCE ends it

Question 6

Are events privileged before marriage under the Spousal Testimonial Privilege/?

Answer 6

YES

• if a marriage exists, the privilege may be asserted even as to events BEFORE the marriage.

Question 7

Confidential Martial Communications

Answer 7

1) in a CIVIL OR CRIMINAL case
2) EITHER SPOUSE, even if neither is a party to the litigation
3) may refuse to disclose or PREVENT ANOTHER from disclosing
4) a communication made DURING the marriage

A communication cover all types of “communicative conduct”, even those that are non-verbal (like nodding or pointing) but does not extend to one spouse’s observations of another.

Question 8

Does Spousal Testimonial Privilege apply in civil cases?

Answer 8

NO

only in criminal cases

Question 9

Does Confidential Martial Communications cover events before marriage?

Answer 9

NO

• only applies during the marriage

Question 10

Does Confidential Martial Communications cover in a civil trial

Answer 10

YES

• Can be civil or criminal

Question 11

Can a spouse prevent another to testify in Confidential Marital Communications?

Answer 11

YES

• Either spouse may refuse to disclose or prevent another from disclosing

Question 12

2 types of martial privileges

Answer 12

1) Spousal Testimonial

2) Confidential Marital Communications