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Invoking the Spousal Privilege

By Janice G. Inman

Several states have historically endeavored to promote the health and longevity of marital relationships through legislation and case law. In the context of civil and criminal court proceedings, state laws attempt to advance this goal by permitting one spouse to preclude the other from testifying about certain confidential communications between them, often precluding the courts from obtaining access to valuable evidence. Because of these competing societal interests and changing norms, the law on this subject continues to develop.

The concept of this so-called spousal privilege derived from the common law, where it was seen as a means of encouraging open communication between husbands and wives, which in turn would presumably strengthen and preserve the marital bond. Siveke v. Keena, 110 Misc.2d 4 (1981).

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