Husband and Wife

The law of evidence includes a privilege extended to a married couple so that neither a husband nor a wife can be compelled to testify against a spouse. This rule was designed to protect intrafamily relations and privacy. In addition, it was meant to promote communication between husbands and wives by making revelations between them strictly confidential.

In 1980, the U.S. Supreme Court, in Trammel v. United States, 445 U.S. 40, 100 S. Ct. 906, 63 L. Ed. 2d 186, held that husbands and wives were permitted to testify against one another voluntarily in a federal criminal prosecution. Many states now allow a spouse to testify against a husband or wife, but with the caveat that the testimony is subject to the accused spouse's consent. Other states view the spouse of an accused person as an ordinary witness who can be forced to testify against the accused person.