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2.  What
does this involve?
◦ Definition
◦ Examples/Cases
◦ Interviews with police officers
regarding it

3.  Attorney/Client
 Doctor/Patient
 Priest/Parishioner

4. 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”

5. 


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

6. If you are legally separated,
then spousal privilege is no
longer valid

7. 



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.

8. 


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

9. 


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

10. 



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

11. 


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

12. 



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

13. 



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

14. 


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

15. 



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

16. 


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