§5.31 Spousal Testimonial Privilege

Authors

Christopher B. Mueller, University of Colorado Law School
Laird Kirkpatrick, George Washington University Law SchoolFollow
Liesa Richter, University of Oklahoma College of Law

Document Type

Chapter

Publication Date

2018

Status

Accepted

Abstract

This article addresses the spousal testimonial privilege. It discusses the rationale and history of the privilege as well as its current requirements. The privilege allows a spouse to refuse to testify against the other spouse in a criminal proceeding, but does not allow a criminal defendant to block the testimony by his or her spouse if the testifying spouse chooses to waive the privilege. The privilege requires a lawful marriage and does not apply to sham marriages.

GW Paper Series

GWU Law School Public Law Research Paper No. 2018-66; GWU Legal Studies Research Paper No. 2018-66

SSRN Link

https://ssrn.com/abstract=3277039

Recommended Citation

Mueller, Christopher B. and Kirkpatrick, Laird C. and Richter, Liesa, §5.31 Spousal Testimonial Privilege (2018). C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §5.31 (6th ed. Wolters Kluwer 2018); GWU Law School Public Law Research Paper No. 2018-66; GWU Legal Studies Research Paper No. 2018-66. Available at SSRN: https://ssrn.com/abstract=3277039