What is the difference between a spousal privilege and a marital communication privilege in a court-martial?

A spousal privilege and a marital communication privilege are two distinct rules that apply to court-martials in California. A spousal privilege is a rule that basically states that if one spouse testifies against the other in a court-martial, the other spouse cannot be required to testify against the testifying spouse. A marital communication privilege is a rule that generally states that communications between spouses are confidential, and therefore cannot be used as evidence against the testifying spouse in a court-martial. The main difference between the two privileges is that the spousal privilege applies to testimony, meaning that a spouse cannot be required to testify against their partner. The marital communication privilege, on the other hand, applies to confidential communications between spouses, meaning that statements made between spouses cannot be used as evidence against either spouse in a court-martial. In other words, a spousal privilege protects a spouse from testifying, while the marital communication privilege protects confidential communications between spouses. In California, both spousal and marital communication privileges are recognized in court-martials, although the application of both privileges depends on case-by-case determination. As such, should either of these privileges apply to a court-martial case in California, the spouse testifying in the case may be shielded from having to testify or having confidential communications used as evidence.

Related FAQs

Are confessions admissible as evidence in a court-martial?
What is a post-trial review article in a court-martial?
What is the Military Rules of Evidence (MRE)?
What is an Article 15 offense?
What is the difference between a court martial and a summary court-martial?
What is NJP, or non-judicial punishment?
What is the Uniform Code of Military Justice (UCMJ) Article 31?
What is the Uniform Code of Military Justice (UCMJ) Article 134a?
How does the Sixth Amendment apply to court-martial proceedings?
What is the maximum punishment a court-martial can impose?

What is the difference between a spousal privilege and a marital communication privilege in a court-martial?

Related FAQs

Related Blog Posts