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

In New York, there is a difference between a spousal privilege and a marital communication privilege in a court-martial. A spousal privilege, or a spouse privilege, allows a spouse to deny certain communication between the two, and to not have to testify against each other in court. This protects the confidential communications between the two spouses from being revealed in trial proceedings. The marital communication privilege, on the other hand, protects a confidential communication that occurs between a married couple from being brought up in a court-martial. However, this privilege is limited. For example, these conversations can be revealed under certain circumstances like when one spouse is asked directly about the statement. Overall, spousal and marital communication privileges offer varying degrees of protection for married couples or spouses involved in a court-martial. The spousal privilege is more extensive and does not allow either spouse to testify against each other. The marital communication privilege is more limited and can be overruled under certain conditions. Thus, it is important to understand the nuances of these privileges in order to decide when they are applicable.

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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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