What does this involve?

◦ Definition

◦ Examples/Cases

◦ Interviews with police officers regarding it

Attorney/ClientDoctor/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”

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

If you are legally separated, then spousal privilege is no

longer valid

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.

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

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

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

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

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

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

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

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

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