Privileges

Question 1

Spousal

Answer 1

1) Spousal Testimonial Privilege:
- Permits witnesses to refuse to testify against his or her spouse as to anything.

2) Spousal confidential communication privilege:
- Protects confidential spousal communication during marriage.

Question 2

Spousal Privilege

Testimonial Privilege

Answer 2

1) Spouse is D in criminal case may not be called as a witness
2) may not be compelled to testify in criminal proceeding.

= Witness holds power

= Only if witness and partner are married at the time of trial.

Fed: Only Criminal
Nevada: Criminal and Civil

Fed: Before and after Marriage
Nevada: Only during marriage

Question 3

Spousal Privilege

Testimonial Privilege
Nevada

Answer 3

*** Only matters apply during marriage.

Question 4

Spousal Privilege

Communication Privilege

Answer 4

Communication made during marriage

• Both spouse own privilege
• Divorce does not terminate
• if made in known presence of stranger its not privileged
• if spouse voluntarily reveals to another party not privilege

Mad in reliance of intimacy of marriage.

Question 5

Evidence Hearsay

Confrontation Clause

Answer 5

US Constitution makes it inadmissible an out of court statement offered by prosecution against a D in a criminal Cause.

TheCC excludes an out of court statement if declarent does not testify at trial is not unavailable, the statement is testimonial, and Defendant had no chance to cross examine declarent about the statement made.