Husband and Wife Privaleges Alabama

Don Humphrey

CRJ 251

March 21, 2013

Required Extra credit/ Paper

Dr. Chang

Husband and Wife Privilege Alabama

What are Husband and wife privilege defined and explained? Rule 504. What is “confidential” communication? A husband and wife’s communication is defined as “confidential” if it is made while in marriage secretly by anybody that the spouse had not intended for disclosure to any other person (Alabama rules of evidence 504). The General rule of privilege. In any court or civil matter issues, you have the power not to testify and you have the power to refuse anybody else from testifying. This is made possible by the communications that were made by the spouse to your mate during the length of your marriage.

Who or what can claim the privilege. Either spouse has this authority; the defense attorney may claim it for either spouse on their behalf, the legal keeper of either partner, also the peculiar delegate of a late spouse. The power of the individual’s names to entitlement of the privilege in the spouses honor is reputed in the presence of evidence to the opposing. Exceptions. There is not one what so ever exception to these particular rules.

Contingents to a civil action. If the married partners were adversarial in a civil keeping, it would be shown unwarranted to protect their martial relations from the privacy of personal communications between the spouses.

Prolongation of corruption. Several inter – spousal interactions decreases outside the privilege if it is made in the persistence of a misconduct, which both partners are interlocked. As to being under the counsel client privilege, the communications made in continuance of unlawful criminal engagement are not to be omitted from disclosure. (ala.r.Evid. 502(d)(1)). This rule is steady with prior case law embracing exclusion to the husband wife privilege for interaction among partners relating to the crimes in which they are mutually partaking when the communications occur....