Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

spousal privilege

Read a random definition: chauntry

A quick definition of spousal privilege:

Spousal privilege is a legal rule that protects the privacy of communications between married couples. There are two types of spousal privilege: the spousal communications privilege and the spousal testimonial privilege. The spousal communications privilege applies to conversations made in confidence during a valid marriage, and it prevents those conversations from being revealed in court. The spousal testimonial privilege prevents one spouse from testifying against the other in criminal cases. However, these privileges do not apply if the spouses are suing each other in a civil case or if one spouse initiates a criminal proceeding against the other. The spousal communications privilege generally survives the end of a marriage, but the spousal testimonial privilege does not.

A more thorough explanation:

Spousal privilege is a legal concept that protects certain communications and testimony between spouses from being used as evidence in court. There are two types of spousal privilege: spousal communications privilege and spousal testimonial privilege.

The spousal communications privilege applies to both civil and criminal cases. It protects confidential communications made between spouses during a valid marriage. The purpose of this privilege is to ensure that private conversations between spouses remain private and are not exposed to the public. In order to invoke this privilege, the party must prove that:

  • The spouses were in a valid marriage at the time of the communication
  • The communication was intended to convey information between spouses
  • Neither spouse has disclosed the communication to a third party
  • The communication was intended to be confidential

For example, if a husband tells his wife about a crime he committed, the wife can invoke spousal communications privilege to prevent the husband's confession from being used as evidence against him in court.

However, spousal communications privilege does not apply if the spouses are suing each other in a civil case or if one spouse initiates a criminal proceeding against the other.

The spousal testimonial privilege precludes one spouse from testifying against the other spouse in criminal or related proceedings. Either spouse can invoke this privilege to prevent the testimony. This privilege does not survive the dissolution of the marital relationship.

For example, if a wife witnesses her husband committing a crime, she can invoke spousal testimonial privilege to prevent her testimony from being used as evidence against him in court.

However, spousal testimonial privilege does not apply if the spouses are suing each other in a civil case or if one spouse initiates a criminal proceeding against the other.

Spousal immunity | spousal share

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
15:30
fucking seriously dude we're readinf 1l of a ride
oh im reading that on my own
i feel like yall should read a fun book
NosyBeagle
15:34
can't join ur discord yet. im a next cycle baby
NosyBeagle
15:34
or an OF model if this shit doesn't start clicking
15:41
ive been banned from too many discords
15:42
you dont want me there
15:46
i want u there nemo
NosyBeagle
16:04
discord has been fine for me. i go nuts on twitter tho
16:08
I miss pre-Elon twitter
real
you go to twitter replies and it's all blue checks and bots now it's fugly
i just have a burner twitter for political updates
it's a cesspool
16:34
was twitter ever good
much better than it is now
16:34
i had it in 2015 and it was already ultra political rage bait
16:34
ok ya fair
nothing will top 2014 tumblr for me though
16:36
yo fr
16:36
2014 tumblr eating disorder core
there used to be a two-story american apparel in chicago and all the employees were beautiful and cool and here comes 13 year old me thinking i was just like them because i wore the same clothes
you are beautiful and cool tho
no YOU'RE BEAUTIFUL AND COOL!!!!!
it was like the hipster mecca
16:44
Tumblr ands its consequences have been a disaster for the human race
im glad i got over my tumblr politics phase in high school
Some people never grow out of it
NosyBeagle
18:45
ok my shift is over. byebye lawyers <3
LSD+ is ad-free, with DMs, discounts, case briefs & more.