spousal privileges

Question 1

spousal privileges

Answer 1

spousal immunity
confidential communications
exceptions

Question 2

spousal privileges

spousal immunity

Answer 2

CRIMINAL ONLY
Spouse cannot be compelled to testify about anything against D spouse
Witness-spouse holds the privilege and may voluntarily testify but cannot be compelled
Only exists DURING the marriage, covers info from before and during the marriage

Question 3

spousal privileges

confidential communications

Answer 3

Civil or criminal
Spouse is not required AND is not allowed to disclose confidential communication made by one spouse to the other DURING the marriage.
Both spouses hold the privilege; neither may testify
CC survives divorce but only to statements made during the marriage

Question 4

spousal privileges

exceptions

Answer 4

1. Communication or acts in furtherance of jointly-perpetrated future crime or fraud
2. Communication or acts destructive of family unit (spousal or child abuse)
3. In litigation between spouses themselves (divorce, breach of K)