Legal Definitions - Spousal immunity

Spousal immunity

Spousal immunity is a legal principle that protects a married person from being forced to testify against their spouse in a criminal case. This means that if someone is accused of a crime, their spouse cannot be compelled to testify against them in court. However, the spouse can choose to waive this privilege and testify if they wish.

For example, if John is accused of stealing money from his employer, his wife Jane cannot be forced to testify against him in court. Even if Jane witnessed the crime or has information that could help the prosecution, she has the right to refuse to testify. However, if Jane wants to testify and share what she knows, she can choose to waive her spousal immunity.

Another example is if Sarah is accused of assaulting someone, her husband Mike cannot be forced to testify against her in court. Even if Mike saw the assault happen or has information that could help the prosecution, he has the right to refuse to testify. However, if Mike wants to testify and share what he knows, he can choose to waive his spousal immunity.

These examples illustrate how spousal immunity works in criminal cases. It is a legal protection that allows married couples to keep certain information private and not be forced to testify against each other.