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

In Mississippi, spousal privilege and marital communication privilege are two separate protections that can be raised in a court-martial. A spousal privilege prevents a spouse from testifying against their spouse in a court-martial proceeding. This privilege applies to both current and former spouses. A marital communication privilege prevents confidential marital communications from being used as evidence in a court-martial. This privilege applies to spouses, former spouses, and individuals engaged in a civil union marriage. The spousal privilege applies to testimony given in court, while the marital communication privilege applies to evidence gathered outside the courtroom, such as text messages or emails sent between the spouses or family members. For the marital communication privilege to apply the communication must have been made in private, and not for the purpose of furthering any kind of criminal act. In Mississippi, both the spousal privilege and the marital communication privilege are subject to certain exceptions. For example, the spousal privilege does not apply to the crime of domestic violence or child abuse. Additionally, the marital communication privilege does not apply if the communication was made for the purpose of furthering a criminal activity. Both privileges can be waived by the spouses. In summary, in Mississippi a spousal privilege prevents a spouse from testifying against their spouse in a court-martial proceeding, and a marital communication privilege prevents confidential marital communications from being used as evidence. These two privileges are subject to certain exceptions and can be waived by the spouses.

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

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