Which statement about spousal privileges is false?

Which statement about spousal privileges is false?

• A. Spousal privilege often protects testimony.
• B. Spousal communications privilege protects confidential communications.
• C. Spousal privileges apply identically across all jurisdictions.
• D. The communications privilege may apply in certain civil cases.

Answer: (C)

Spousal privileges come in two forms: a testimonial privilege, which can prevent one spouse from testifying against the other in criminal cases, and a communications privilege, which protects confidential communications between spouses made during marriage. The important point is that these privileges are not the same everywhere. Different jurisdictions have different rules about who can invoke the privilege, in what kinds of cases it applies (criminal versus civil), whether it survives divorce, and what counts as confidential communication. Some places allow a spouse to bar testimony in criminal cases but do not recognize the privilege in civil cases, others recognize both privileges with varying scopes, and some jurisdictions have more limited or no spousal privileges at all. Because of these variations, the idea that spousal privileges apply identically across all jurisdictions is false.

Spousal privileges come in two forms: a testimonial privilege, which can prevent one spouse from testifying against the other in criminal cases, and a communications privilege, which protects confidential communications between spouses made during marriage. The important point is that these privileges are not the same everywhere. Different jurisdictions have different rules about who can invoke the privilege, in what kinds of cases it applies (criminal versus civil), whether it survives divorce, and what counts as confidential communication. Some places allow a spouse to bar testimony in criminal cases but do not recognize the privilege in civil cases, others recognize both privileges with varying scopes, and some jurisdictions have more limited or no spousal privileges at all. Because of these variations, the idea that spousal privileges apply identically across all jurisdictions is false.