Also known as: adverse spousal testimonies · spousal adverse testimony privilege
Written by attorneys · grounded in primary & secondary sources — see below
A privilege in federal criminal proceedings that permits the witness spouse to refuse to testify against the defendant spouse. The privilege rests exclusively with the witness spouse, who may waive it and testify voluntarily. The defendant spouse holds no power to block the testimony except as to confidential marital communications.
Arthur Abrams faces federal charges for transporting stolen goods. Prosecutors subpoena his wife Alice Atkins to describe what she observed during their travels. Alice states she is willing to testify. Arthur objects on spousal grounds. The court overrules the objection because Alice alone decides whether to invoke the privilege against adverse testimony.
Andre Antoine stands trial in federal court on drug conspiracy charges. His former wife Anika Anand is called to recount events after she had moved out. Andre objects under the adverse spousal testimony privilege. The court permits the testimony because the privilege cannot be asserted once the marriage has ended.
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The witness spouse alone holds the privilege. The defendant spouse cannot invoke it to prevent testimony when the witness spouse chooses to testify.
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No. The privilege allows the witness spouse to refuse to testify but does not block nonconfidential observations or statements. A separate marital communications privilege protects only confidential exchanges.
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No. The witness spouse cannot be compelled to give adverse testimony. The privilege protects the witness spouse from compulsion while leaving the decision to testify in that spouse's hands.
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The privilege against adverse spousal testimony may not be asserted after the marriage has terminated. Former spouses may testify against each other without the protection.
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…Opinion of Mr. Chief Justice Burger We granted certiorari to consider whether an accused may invoke the privilege against adverse spousal testimony so as to exclude the voluntary testimony of his wife. 440 U. S. 934 (1979). This calls for a re-examination of Hawkins v. United States , 358 U. S. 74 (1958). I On March 10, 1976,…