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

In New Hampshire, the spousal privilege and marital communication privilege are two different protections recognized in military law. In general, both these privileges protect individuals in a court-martial from having to disclose communication or other information that they shared with their spouse. The spousal privilege is the right of the spouse of an individual in the court-martial to refuse to testify against that individual. This privilege applies only to the testimony of the spouse and does not protect other communications. The marital communication privilege is broader in scope. It protects confidential communications between spouses from being revealed in a court-martial. This privilege does not extend to communications with non-spouses or third parties, and it does not protect testimony from either spouse. In summary, the spousal privilege applies only to the testimony of a spouse in a court-martial and the marital communication privilege applies to confidential communications between spouses. Both of these privileges are recognized in military court, and they provide important protections to individuals in the court-martial process.

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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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