As discussed last month, married parties are generally permitted by the common law, and sometimes by statutory law, to keep their spouses from testifying against them. The common-law basis of this spousal privilege was society's interest in promoting the strength of marriage by encouraging open communications between husbands and wives.
The Spousal Testimonial Privilege and Harm to a Child
Although the spousal privilege may be invoked even in cases where the charge involves child abuse ' so long as the child in question is not the child of the spouse whose testimony the defendant wants precluded ' there are sometimes ways to get around this.
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Janice G. InmanThis premium content is locked for LawJournalNewsletters subscribers only
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