§5.31 Spousal Testimonial Privilege

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.