Legal Definitions - Spousal immunity

Spousal immunity is a legal principle that protects a person from being forced to testify against their spouse in a criminal court case. This rule is intended to safeguard the marital relationship and prevent the government from compelling one spouse to provide potentially damaging testimony against the other.

Key aspects of spousal immunity include:

• It applies exclusively in criminal cases, not civil cases.
• The couple must be legally married at the time the testimony is sought (i.e., at the time of the trial or hearing). If they are divorced, this immunity no longer applies.
• The privilege belongs to the witness spouse, not the defendant spouse. This means the spouse who is being asked to testify has the choice to refuse to do so, or they can choose to waive the immunity and testify if they wish. The defendant spouse cannot prevent their spouse from testifying if the witness spouse chooses to waive the immunity.

Here are a few examples to illustrate how spousal immunity works:

• Example 1: Refusing to Testify Against a Spouse

  Imagine a situation where a woman, Sarah, is accused of grand larceny. Her husband, Tom, was present during a conversation where Sarah allegedly discussed her plans to steal from her employer. The prosecution wants Tom to testify about this conversation. Because of spousal immunity, Tom cannot be compelled by the prosecution to take the stand and testify against Sarah, as long as they are still legally married. He has the right to refuse to provide testimony that could incriminate his wife.

• Example 2: Immunity After Divorce

  Consider a man, David, who is on trial for a drug trafficking offense that occurred two years ago. At the time of the offense, he was married to Emily. However, by the time David's trial begins, David and Emily have divorced. The prosecution seeks to compel Emily to testify about certain activities she witnessed while they were married. In this scenario, spousal immunity would not apply because David and Emily are no longer legally married at the time of the trial. Emily could be compelled to testify against David.

• Example 3: Waiving the Immunity

  Suppose a woman, Maria, is charged with arson, and her husband, Carlos, has direct knowledge of her involvement. Initially, Carlos informs the police that he will not testify against Maria, invoking spousal immunity. However, as the trial approaches, Carlos has a change of heart and decides he wants to cooperate with the prosecution and tell the truth about what he knows. Since the privilege belongs to the witness spouse (Carlos), he has the authority to waive the spousal immunity and choose to testify against Maria, even if she does not want him to.