spousal privilege 112613 v2
TRANSCRIPT
Spousal Privilege
What does this involve?
◦Definition◦Examples/Cases◦Interviews with police officers regarding it
Spousal Privilege
Different Types of Privileges
Attorney/Client Doctor/Patient
Priest/Parishioner
According to the Illinois Code of Civil Procedure 8-801:
“neither husband nor wife may testify as to any communication or admission made by either of them to the other or to as any conversation between them during marriage”
NOTE: Also called “marital privilege” or “husband-wife privilege”
Definition of Spousal Privilege
Basically this is saying that if you are married, what you say to your wife cannot be used against you.
This applies to all people who are married, not just law enforcement people
But this has not been acknowledged yet for gay married couples
What does this really mean?
If you are legally separated, then spousal privilege is no
longer valid
What if You and Your Spouse are Separated?
When a spouse is charged with a crime against the other spouse
When a spouse is charged with a crime against a child of either spouse
When a spouse is charged with a crime against a 3rd party in the course of committing a crime against the other spouse
When a spouse is charged with immoral purposes like prostitution.
Exceptions to Spousal Privilege
Husband drove across four lane highway and struck another car, killing its driver
Husband was injured and did not remember the accident
During the investigation, wife called police and told information about the husband’s former drug use and treatment for dementia
Case #1
When the trial came, the wife refused to testify
Because the husband was not charged with murder or domestic violence, the wife WAS allowed to use her right of spousal privilege NOT to testify
The things she said to police were not admissible
Case #1 (Continued)
Same sex case involving spousal privilege Two women were married in Vermont but
lived in Kentucky, where the crime occurred One of the women overheard her partner
admit to killing a man and saw her cleaning blood from his van
The woman did not want to testify because she wanted the same spousal privilege as other married couples
Case #2
The court investigated the marriage and found out they did not comply with all the necessary details of the marriage license in Vermont
They were not legally married in Vermont, so they were not considered married in Kentucky
The judge ruled that the woman HAD to testify and could not use spousal privilege
Case #2 (Continued)
March, 2011 a woman wanted to use spousal privilege to avoid testifying to a murder that took place in 1985
Becki Davis did not even meet her husband until 1990
They dated for four months and got married During that time, Becki Davis called the
police to tell them about statements Dennis Davis made about the murder back in 1895
Case #3
She told the police that her husband confessed to “sinning against God and man”
This occurred in Texas and the state wanted her to testify
In Texas, the spousal privilege law does not apply to matters that occurred before the marriage
Therefore, she HAD to testify – if they were married at the time of the crime, then she could have used spousal privilege
3rd Case (Continued)
Interviewed Bob Kus and his wife Laura Mrs. Kus said she never really pushed
questions or asked for details when it came to her husband’s work
She said he never discussed names or addresses – just situations
Interview with a Policeman and His Wife
He said he only told his wife information on a “need to know” basis
His wife would only know something if it affected the family
Wanted a normal family life Sometimes would tell about his day, but
never specifics
Mr. Bob Kus’s Comments
Just keep in mind that the things spoken to your wife/husband, even if you are not a police officer, cannot be used against you in court.
If you do become a police officer or have a job in law enforcement, try to keep the details out of it
It’s OK to talk about your day, but keep it simple
Conclusion