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

In the state of Washington, a spousal privilege allows either spouse in a marriage to refuse to answer a question posed to them on the stand during a court-martial. This means that the spouse can choose not to answer the question, and their choice cannot be used against them. A marital communication privilege, however, is different. This privilege protects both spouses from having to testify against the other in a court-martial. This means that any communication shared between the spouses, either verbal or written, is considered confidential and cannot be used as evidence. These privileges are not absolute in a court-martial, as they can be overruled by the prosecution or a court. For example, the prosecution can request that the court decide if the privilege should be overruled in the case of certain evidence being applicable. In this case, the court would make the decision as to whether the evidence should be allowed to be taken into account. Overall, the spousal privilege allows for one spouse to not answer a question posed to them, whereas the marital communication privilege means that any communication between the two parties is kept confidential and cannot be used as evidence. Both of these privileges are important aspects of protecting married couples’ rights when brought up in a court-martial.

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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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