Marital Privilege in Federal Criminal Law

Marital privilege or spousal privilege are legal protections that allow spouses to maintain certain confidentiality rights in federal criminal cases. These privileges can impact the admissibility of evidence and the extent to which one spouse can be compelled to testify against the other. At the Law Offices of Peter Katz, we understand the sensitive nature of marital privilege and help our clients preserve these protections, ensuring their rights and marital confidentiality are respected throughout the federal criminal process.

Understanding Marital Privilege in Federal Law

In federal criminal cases, two primary marital privilege rights protect communications between spouses: the Spousal Testimonial Privilege and the Confidential Marital Communications Privilege. Privilege protects the sanctity of marriage, allowing spouses to communicate freely and maintain confidentiality without fear of disclosure in court. However, each privilege serves a distinct purpose and applies under different circumstances.

Spousal Testimonial Privilege

The Spousal Testimonial Privilege prevents one spouse from being compelled to testify against another in a criminal trial. This privilege applies only when one spouse faces criminal charges, allowing the testifying spouse to refuse to testify against their partner. The privilege protects the marital relationship and avoids situations where spouses must choose between loyalty to their partner and compliance with the law.

Key Aspects of Spousal Testimonial Privilege:

• Applies Only in Criminal Cases: This privilege applies only to criminal cases, not civil ones. It allows one spouse to refuse to testify against the other in federal criminal proceedings.
• Controlled by the Testifying Spouse: The Spousal Testimonial Privilege belongs to the spouse who will testify, meaning they can waive or assert the privilege. The defendant’s spouse cannot prevent their partner from testifying if the testifying spouse voluntarily chooses to do so.
• Limited to the Duration of the Marriage: This privilege applies while the couple is married. If the marriage ends, the Spousal Testimonial Privilege no longer applies, and the former spouse may be compelled to testify about events during the marriage.

Exceptions to the Spousal Testimonial Privilege

There are specific circumstances where the Spousal Testimonial Privilege does not apply, such as:

• Cases Involving Crimes Against the Spouse or Children: If the criminal charges involve crimes against the spouse or the couple’s children, the privilege does not apply. For example, in cases involving domestic violence or child abuse, the testifying spouse cannot assert this privilege to avoid testifying.
• Joint Criminal Activity: Some courts may also limit this privilege in cases where spouses are jointly involved in criminal activity, particularly if they are charged as co-defendants.

Confidential Marital Communications Privilege

The Confidential Marital Communications Privilege protects confidential communication between spouses during the marriage. Unlike the Spousal Testimonial Privilege, which prevents testimony against a spouse, the Confidential Marital Communications Privilege applies specifically to private communications and can be asserted even after the marriage ends. This privilege ensures that confidential discussions between spouses remain protected, fostering open communication in marriage.

Key Aspects of Confidential Marital Communications Privilege

• Protects Confidential Communications: This privilege applies only to communications intended to be private and confidential. It does not apply to statements made in the presence of third parties or in situations where privacy was not expected.
• Applies During and After Marriage: The privilege covers all confidential communications made during the marriage and can be asserted even if the marriage ends later. This means that one spouse cannot be compelled to disclose private marital communications even if they are no longer married to the defendant.
• Belongs to Both Spouses: Both spouses hold the Confidential Marital Communications Privilege, which means they can assert it to prevent disclosure of a private communication. If one spouse wishes to disclose a confidential communication, the other spouse can object, and the court may uphold the privilege.

Exceptions to the Confidential Marital Communications Privilege:

As with the Spousal Testimonial Privilege, there are certain exceptions to the Confidential Marital Communications Privilege, including:

• Communications Involving Crimes Against the Spouse or Children: If a communication pertains to a crime committed against the spouse or children, the privilege may not apply. For example, statements about abuse or threats of violence are generally not protected by this privilege.
• Joint Criminal Activity: In some cases, courts may exclude the privilege when the communication involves joint participation in a criminal activity, especially if both spouses are implicated in the crime. For example, discussions about planning or executing a crime together may not be protected.

Key Differences Between the Two Marital Privileges

While both the Spousal Testimonial Privilege and Confidential Marital Communications Privilege aim to protect marital relationships and private communications, they differ in application and scope:

Purpose and Scope

• Spousal Testimonial Privilege: Protects a spouse from being compelled to testify against their partner in a criminal case.
• Confidential Marital Communications Privilege: This privilege protects the privacy of confidential communications between spouses, regardless of whether testimony is required.

Control Over the Privilege

• Spousal Testimonial Privilege: Belongs to the testifying spouse, who may choose whether to waive or assert it.
• Confidential Marital Communications Privilege: This privilege belongs to both spouses and allows either spouse to assert it to protect confidential communications.

Duration

• Spousal Testimonial Privilege: This privilege applies only while the spouses are married; it no longer applies after the marriage ends.
• Confidential Marital Communications Privilege: This covers communications made during the marriage and applies even if the marriage ends later.

How Marital Privilege Impacts Federal Criminal Cases

Marital privilege can play a significant role in federal criminal cases by limiting the evidence introduced or the testimony that can be compelled. This privilege may influence:

• The Prosecution’s Evidence: If the prosecution seeks to compel testimony from a spouse or present confidential marital communications as evidence, the defense can assert the applicable marital privilege to protect the information.
• Defense Strategy: In cases where marital privilege applies, defense attorneys can leverage these protections to challenge specific evidence or prevent potentially damaging testimony. This can be particularly valuable in cases where spousal testimony or private marital communications are central to the government’s case.
• Witness Decisions: If a spouse is called a witness, understanding the marital privilege applicable to them can help them make informed decisions about whether to testify and the potential implications of their testimony.

The Role of the Defense Attorney in Asserting Marital Privileges

At the Law Offices of Peter Katz, we are committed to protecting our client’s rights, including preserving marital privilege when they apply. Our approach includes:

• Identifying Applicable Privileges: We thoroughly review the details of each case to determine which marital privilege may apply, considering the nature of the charges, the relationship between the spouses, and the context of any communications or testimony.
• Asserting Privilege in Court: If the government seeks to introduce spousal testimony or private marital communications, we assert the relevant privilege to protect our client’s rights. Our attorneys present compelling arguments to preserve the confidentiality of private conversations and prevent compelled testimony.
• Providing Guidance to Spouses: Marital privilege can be complex, and we work closely with both spouses to help them understand their rights, responsibilities, and options. This guidance allows spouses to decide whether to testify or assert privilege.

Our goal is to protect marital privacy while safeguarding our clients’ rights throughout the federal criminal process. We help ensure that their relationships are respected and that they receive the best possible defense. 

Why Choose the Law Offices of Peter Katz for Marital Privilege Representation?

Federal criminal cases involving spouses require skilled and sensitive representation, especially when marital privilege comes into play. At the Law Offices of Peter Katz, we provide experienced and compassionate legal support, helping our clients understand and assert their matrimonial privileges. When you work with us, you can expect:

• We have In-Depth Knowledge of Marital Privileges. We understand the nuances of federal marital privilege and are committed to preserving our client’s rights to confidentiality and protection under these laws.
• Personalized Guidance for Couples: Every case is unique, and we work with each couple to develop a defense strategy that considers their specific needs, rights, and marital privileges.
• Strong Advocacy and Protection: We are dedicated to safeguarding our client’s personal and legal rights, using marital privilege to challenge evidence and protect privacy whenever possible.

Protecting Your Rights and Privacy Through Marital Privilege

If you or your spouse is facing federal charges, it is essential to understand how marital privilege may impact your case. Contact the Law Offices of Peter Katz for a confidential consultation to discuss your options and learn more about how we can help. With our experience in federal criminal defense and marital privilege law, you can trust that we will provide the guidance, advocacy, and support you need to protect your rights and privacy.