Examine the privileges available to protect from disclosure confidential conversations between spouses, specifically the spousal or marital privilege and spousal immunity.
In evidence law, privileges are rules that keep certain types of evidence out of courts based on the relationship between one of the parties and another person. Typically, a privilege protects confidential communications against disclosure in order to encourage and preserve that relationship. Today, we’ll be discussing the two types of spousal privilege, which aim to preserve the relationship between a party and his or her spouse.
To start off our discussion, we’ll first take a look at the...