Marital Confidences and Spousal Testimonial Privileges - Revision history

Eeichler: /* Spousal Testimonial Privilege */

2010-07-27T11:04:58Z

Spousal Testimonial Privilege

← Older revision		Revision as of 13:04, 27 July 2010
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	==Spousal Testimonial Privilege==		==Spousal Testimonial Privilege==
	The spousal testimonial privilege is also based on the policy of encouraging spousal harmony. This privilege permits a spouse to refuse to testify in a criminal proceeding against ~~their~~ spouse. The testifying spouse holds this privilege and the defendant spouse may not claim the privilege on behalf of an existing spouse. The privilege ceases to exist when the marriage is terminated.		The spousal testimonial privilege is also based on the policy of encouraging spousal harmony. This privilege permits a spouse to refuse to testify in a criminal proceeding against his or her spouse. The testifying spouse holds this privilege and the defendant spouse may not claim the privilege on behalf of an existing spouse. The privilege ceases to exist when the marriage is terminated.

	The elements of the spousal testimonial privilege are as follows:		The elements of the spousal testimonial privilege are as follows:

Eeichler: /* Marital Confidences Privilege */

2010-07-27T11:03:56Z

Marital Confidences Privilege

← Older revision		Revision as of 13:03, 27 July 2010
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	==Marital Confidences Privilege==		==Marital Confidences Privilege==
	The marital ~~confidence~~ privilege ~~(sometimes~~ referred to as marital communications privilege) is based on the policy of encouraging spousal harmony, and preventing people from having to condemn, or being condemned by, their spouses. The privilege may be invoked in either criminal or civil proceedings. The marital confidences privilege only applies to communications made during marriage and cannot be invoked for communications before marriage, or after divorce.		The marital confidences privilege is a form of privileged communication protecting the contents of confidential communications between a married couple. Sometimes referred to as the marital communications privilege, it is based on the policy of encouraging spousal harmony, and preventing people from having to condemn, or being condemned by, their spouses. The privilege may be invoked in either criminal or civil proceedings. The marital confidences privilege only applies to communications made during marriage and cannot be invoked for communications before marriage, or after divorce. The privilege survives divorce so one spouse may prevent an ex-spouse from testifying.

	The elements of the ~~marial~~ confidences privilege are as follows:		The elements of the marital confidences privilege are as follows:
	#Confidential communication		#Confidential communication
	#Between married people		#Between married people
	#Relating to the marriage (some courts apply this third prong)		#Relating to the marriage (only some courts apply this third prong)

	Thus, the privilege may be broken if either of ~~these~~ elements is lacking. For instance, if the confidential communication is disclosed to a third party the confidentiality will be broken. In order for the confidential communication prong to be proven, both spouses must intend the communication to be confidential.		Thus, the privilege may be broken if either of the first two elements is lacking. For instance, if the confidential communication is disclosed to a third party the confidentiality will be broken. In order for the confidential communication prong to be proven, both spouses must intend the communication to be confidential.

	The marital confidences privilege, also called the "marital communications privilege," is a form of privileged communication protecting the contents of confidential communications between a married couple. This privilege applies in civil and criminal cases. When applied, a court may not compel one spouse to testify against the other concerning confidential communications made during marriage. The privilege survives divorce so one spouse may prevent an ex-spouse from testifying.

	==Spousal Testimonial Privilege==		==Spousal Testimonial Privilege==

Ibjadmin at 17:53, 3 July 2010

2010-07-03T17:53:13Z

← Older revision		Revision as of 19:53, 3 July 2010
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	==Spousal Testimonial Privilege==		==Spousal Testimonial Privilege==
			The spousal testimonial privilege is also based on the policy of encouraging spousal harmony. This privilege permits a spouse to refuse to testify in a criminal proceeding against their spouse. The testifying spouse holds this privilege and the defendant spouse may not claim the privilege on behalf of an existing spouse. The privilege ceases to exist when the marriage is terminated.

			The elements of the spousal testimonial privilege are as follows:
			#Existing marriage
			#Criminal case against spouse
			#Spouse is called to testify

	==Exceptions to these privileges==		==Exceptions to these privileges==
	In certain actions such as domestic abuse or child abuse, the court will not permit one spouse to use either privilege against another spouse.		In certain actions such as domestic abuse or child abuse, the court will not permit one spouse to use either privilege against another spouse.


	----		----
	See [[Evidence]]		See [[Evidence]]

Ibjadmin: /* Marital Confidences Privilege */

2010-07-03T17:49:51Z

Marital Confidences Privilege

← Older revision		Revision as of 19:49, 3 July 2010
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	The marital confidences privilege, also called the "marital communications privilege," is a form of privileged communication protecting the contents of confidential communications between a married couple. This privilege applies in civil and criminal cases. When applied, a court may not compel one spouse to testify against the other concerning confidential communications made during marriage. The privilege survives divorce so one spouse may prevent an ex-spouse from testifying.		The marital confidences privilege, also called the "marital communications privilege," is a form of privileged communication protecting the contents of confidential communications between a married couple. This privilege applies in civil and criminal cases. When applied, a court may not compel one spouse to testify against the other concerning confidential communications made during marriage. The privilege survives divorce so one spouse may prevent an ex-spouse from testifying.


	==Spousal Testimonial Privilege==		==Spousal Testimonial Privilege==

Ibjadmin: /* Spousal testimonial Privilege */

2010-07-03T17:49:35Z

Spousal testimonial Privilege

← Older revision		Revision as of 19:49, 3 July 2010
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	==Spousal ~~testimonial~~ Privilege==		==Spousal Testimonial Privilege==


			==Exceptions to these privileges==
			In certain actions such as domestic abuse or child abuse, the court will not permit one spouse to use either privilege against another spouse.

	----		----
	See [[Evidence]]		See [[Evidence]]

Ibjadmin: /* Exceptions to these privileges */

2010-07-03T17:49:11Z

Exceptions to these privileges

← Older revision		Revision as of 19:49, 3 July 2010
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	The marital confidences privilege, also called the "marital communications privilege," is a form of privileged communication protecting the contents of confidential communications between a married couple. This privilege applies in civil and criminal cases. When applied, a court may not compel one spouse to testify against the other concerning confidential communications made during marriage. The privilege survives divorce so one spouse may prevent an ex-spouse from testifying.		The marital confidences privilege, also called the "marital communications privilege," is a form of privileged communication protecting the contents of confidential communications between a married couple. This privilege applies in civil and criminal cases. When applied, a court may not compel one spouse to testify against the other concerning confidential communications made during marriage. The privilege survives divorce so one spouse may prevent an ex-spouse from testifying.


	~~==Exceptions to these privileges==~~
	~~In certain actions such as domestic abuse or child abuse, the court will not permit one spouse to use either privilege against another spouse.~~

	==Spousal testimonial Privilege==		==Spousal testimonial Privilege==

Ibjadmin: /* Marital Confidences Privilege */

2010-07-03T17:48:51Z

Marital Confidences Privilege

← Older revision		Revision as of 19:48, 3 July 2010
Line 2:		Line 2:

	==Marital Confidences Privilege==		==Marital Confidences Privilege==
			The marital confidence privilege (sometimes referred to as marital communications privilege) is based on the policy of encouraging spousal harmony, and preventing people from having to condemn, or being condemned by, their spouses. The privilege may be invoked in either criminal or civil proceedings. The marital confidences privilege only applies to communications made during marriage and cannot be invoked for communications before marriage, or after divorce.

			The elements of the marial confidences privilege are as follows:
			#Confidential communication
			#Between married people
			#Relating to the marriage (some courts apply this third prong)

			Thus, the privilege may be broken if either of these elements is lacking. For instance, if the confidential communication is disclosed to a third party the confidentiality will be broken. In order for the confidential communication prong to be proven, both spouses must intend the communication to be confidential.

			The marital confidences privilege, also called the "marital communications privilege," is a form of privileged communication protecting the contents of confidential communications between a married couple. This privilege applies in civil and criminal cases. When applied, a court may not compel one spouse to testify against the other concerning confidential communications made during marriage. The privilege survives divorce so one spouse may prevent an ex-spouse from testifying.


			==Exceptions to these privileges==
			In certain actions such as domestic abuse or child abuse, the court will not permit one spouse to use either privilege against another spouse.

	==Spousal testimonial Privilege==		==Spousal testimonial Privilege==

Ibjadmin: Created page with 'Spouses may be able to claim two separate privileges that protect them from testifying at trial: the marital confidences privilege and the spousal testimonial privilege. ==Marit�'

2010-07-03T17:27:47Z

Created page with 'Spouses may be able to claim two separate privileges that protect them from testifying at trial: the marital confidences privilege and the spousal testimonial privilege. ==Marit�'

New page

Spouses may be able to claim two separate privileges that protect them from testifying at trial: the marital confidences privilege and the spousal testimonial privilege.

==Marital Confidences Privilege==

==Spousal testimonial Privilege==

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See [[Evidence]]