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HandWiki. Spousal Privilege. Encyclopedia. Available online: https://encyclopedia.pub/entry/30396 (accessed on 23 September 2026).
HandWiki. Spousal Privilege. Encyclopedia. Available at: https://encyclopedia.pub/entry/30396. Accessed September 23, 2026.
HandWiki. "Spousal Privilege" Encyclopedia, https://encyclopedia.pub/entry/30396 (accessed September 23, 2026).
HandWiki. (2022, October 20). Spousal Privilege. In Encyclopedia. https://encyclopedia.pub/entry/30396
HandWiki. "Spousal Privilege." Encyclopedia. Web. 20 October, 2022.
Spousal Privilege
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The content is sourced from: https://handwiki.org/wiki/Social:Spousal_privilege

In the common law, spousal privilege (also called marital privilege or husband-wife privilege) is a term used in the law of evidence to describe two separate privileges that apply to spouses: the spousal communications privilege and the spousal testimonial privilege. Both types of privilege are based on the policy of encouraging spousal harmony and preventing spouses from having to condemn, or be condemned by, their spouses: the spousal communications privilege or confidences privilege is a form of privileged communication that protects the contents of confidential communications between spouses during their marriage from testimonial disclosure, while spousal testimonial privilege (also called spousal incompetency and spousal immunity) protects the individual holding the privilege from being called to testify in proceedings relating to his/her spouse. However, the spousal privileges have their roots in the legal fiction that a husband and wife were one person.

legal fiction spousal testimonial

References

  1. Federal Rules of Evidence, Rule 501.
  2. http://nationalparalegal.edu/public_documents/courseware_asp_files/Ethics/Confidentiality/OtherPrivilegedRelationships.asp "For the privilege to attach, the communication must have been made during a valid marriage."
  3. California Evidence Code §970 http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=18757911381+0+0+0&WAISaction=retrieve
  4. Chief Justice Warren E. Burger. "Trammel v. United States, 445 U.S. 40, 100 S. Ct. 906 (1980)". Justia. http://supreme.justia.com/cases/federal/us/445/40/case.html. Retrieved February 13, 2012. 
  5. Durston, Gregory (2011). "Competence and Compellability". Evidence: Text and Materials. Oxford University Press. pp. 368–370. http://fdslive.oup.com/www.oup.com/academic/pdf/13/9780199583607.pdf. 
  6. "Report on Competence and Compellability of Spouses as Witnesses". Law Reform Commission. July 1985. http://www.lawreform.ie/_fileupload/Reports/rSpousesandWitnesses.htm. 
  7. Manchester, Colin (1979). "Wives as Crown Witnesses". Cambridge Law Journal 37: 249–251. 
  8. "Competence and Compellability: Legal Guidance". Crown Prosecution Service. http://www.cps.gov.uk/legal/a_to_c/competence_and_compellability/. 
  9. Guarnieri, Donald (1959). "Husband-Wife Privileged Communications Summarized". Cleveland State Law Review 8: 531. http://engagedscholarship.csuohio.edu/cgi/viewcontent.cgi?article=3524&context=clevstlrev. 
  10. Criminal Evidence Act 1898, The National Archives, 1898 c. 36, http://legislation.gov.uk/ukpga/1898/36/enacted 
  11. Police and Criminal Evidence Act 1984, The National Archives, 1984 c. 60, http://legislation.gov.uk/ukpga/1984/60/enacted 
  12. Hall, Ashley (30 November 2011). "High Court rules spouses have no right to privacy". PM (Australian Broadcasting Corporation). http://www.abc.net.au/pm/content/2011/s3380420.htm. Retrieved 30 November 2011. 
  13. "High Court rules no spousal privilege". news.com.au. 30 November 2011. http://www.news.com.au/breaking-news/high-court-rules-no-spousal-privilege/story-e6frfku0-1226210111473. Retrieved 1 April 2014. 
  14. "Australian Crime Commission v Stoddart (2011) HCA 47 (30 November 2011)". AustLII. 30 November 2011. http://www.austlii.edu.au/au/cases/cth/HCA/2011/47.html. Retrieved 30 November 2011. 
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