Also known as: marital privilege · marital privilege doctrine · spousal privilege · spousal immunity · husband-wife privilege
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An evidentiary doctrine that allows one spouse to refuse compelled testimony against the other in a criminal proceeding. In federal court the privilege belongs solely to the witness spouse, who may elect to testify even over the defendant spouse's objection but cannot be forced to take the stand. The defendant spouse may invoke the privilege only to block disclosure of confidential marital communications.
An evidentiary doctrine that allows one spouse to refuse compelled testimony against the other in a criminal proceeding. In federal court the privilege belongs solely to the witness spouse, who may elect to testify even over the defendant spouse's objection but cannot be forced to take the stand. The defendant spouse may invoke the privilege only to block disclosure of confidential marital communications.
Matthew Martinez stands trial in federal court for wire fraud. Prosecutors subpoena his wife Melanie Morris to describe business meetings she attended. Melanie states she is willing to testify after receiving immunity. Matthew objects on spousal grounds. The court permits Melanie to take the stand because the testimonial privilege belongs to her alone.
An evidentiary doctrine that shields confidential communications exchanged between spouses during a valid marriage from compelled disclosure. Either spouse may assert the privilege to prevent revelation of statements made in private with a reasonable expectation of confidentiality. The protection survives divorce and applies in both civil and criminal matters.
Miguel Mendoza's wife is subpoenaed before a federal grand jury. Prosecutors ask her to recount a late-night bedroom conversation in which Mendoza admitted regulatory violations. No third parties were present. The court upholds her refusal because the statements qualify as confidential marital communications.
An evidentiary doctrine that shields confidential communications exchanged between spouses during a valid marriage from compelled disclosure. Either spouse may assert the privilege to prevent revelation of statements made in private with a reasonable expectation of confidentiality. The protection survives divorce and applies in both civil and criminal matters.
Each sense below has its own examples, sources, and questions.
Musa Mensah faces state criminal charges. His wife Miles Montgomery wishes to testify about events she observed. Musa invokes the privilege to prevent her testimony. The court sustains the objection because state law vests the testimonial privilege in the defendant spouse, allowing him to block even a willing witness.
Meridian Motors' executive is prosecuted in federal court. His wife observed certain transactions and has been offered immunity. She elects to testify. The executive moves to quash the subpoena on marital grounds. The court denies the motion because only the witness spouse controls the testimonial privilege in federal criminal cases.
The witness spouse alone holds the privilege. The defendant spouse cannot prevent a willing witness spouse from testifying, though the witness spouse cannot be compelled to testify.
The testimonial privilege concerns whether a spouse can be forced to take the stand at all. The communications privilege protects only the content of private statements made in confidence during the marriage. The two doctrines operate independently.
Mohan Malhotra and his former spouse have divorced. Prosecutors seek the former spouse's testimony about statements made during the marriage concerning financial transactions. The former spouse refuses. The court recognizes that the communications privilege survives dissolution of the marriage and bars the testimony.
Yes. The privilege protects confidential communications made during the marriage even after the marriage ends. Either spouse may assert it to block disclosure of those statements.
A communication is confidential when made privately during marriage with a reasonable expectation of secrecy. Courts presume confidentiality for conversations at home with no third parties present. The burden rests on the party seeking disclosure to overcome that presumption.
…in custody, as evidence that the stabbing was not in self-defense. The wife did not testify at trial because of the State’s marital privilege. Petitioner argued that admitting the statement would violate his Sixth Amendment right to be confronted with the witnesses against him. The trial court agreed to admit the statement, and…