What is the difference between spousal privilege and spousal communications privilege?

What is the difference between spousal privilege and spousal communications privilege?

• A. The spousal privilege often protects testimony; the communications privilege protects confidential communications.
• B. The spousal privilege protects confidential communications; the communications privilege protects testimony.
• C. They are the same.
• D. Spousal privilege is only for civil cases.

Answer: (A)

Two distinct privileges arise from marriage in evidence law. One, the spousal privilege, is about testimony: it generally allows a spouse to refuse to testify against the other spouse in criminal proceedings. The focus is on whether the witness-spouse must or must not give testimony about matters involving the other spouse. The other, spousal communications privilege, protects confidential communications between spouses made during the marriage. It prevents either spouse from disclosing those private communications as evidence. So the difference is clear: the spousal privilege governs testimony, while the spousal communications privilege guards confidential communications. This matches the idea that the former is about testifying, the latter about keeping private conversations between spouses private.

Two distinct privileges arise from marriage in evidence law. One, the spousal privilege, is about testimony: it generally allows a spouse to refuse to testify against the other spouse in criminal proceedings. The focus is on whether the witness-spouse must or must not give testimony about matters involving the other spouse.

The other, spousal communications privilege, protects confidential communications between spouses made during the marriage. It prevents either spouse from disclosing those private communications as evidence.

So the difference is clear: the spousal privilege governs testimony, while the spousal communications privilege guards confidential communications. This matches the idea that the former is about testifying, the latter about keeping private conversations between spouses private.