Spousal Privilege in Criminal Justice

This article discusses the concept of spousal privilege in criminal justice, including its purpose, application, and limitations. It explores the case law of Trammel v. United States and analyzes the issue, rule, and conclusion of the case. The article also examines whether spousal privilege can be used as a shield or a vehicle to help a whistleblower. References to relevant sources are provided.

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Contents
Spousal Privilege..........................................................................................................................................1
Case law of Spousal Privilege.....................................................................................................................1
Trammel V. United States 445 U.S. 40 (1980)........................................................................................1
Issue.....................................................................................................................................................2
Rule......................................................................................................................................................2
Application/ Analysis...........................................................................................................................2
Conclusion...........................................................................................................................................3
Spousal privilege is allowed as a Shield or a vehicle to help a Whistleblower?..........................................3
Reference.....................................................................................................................................................3

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Spousal Privilege
Spousal Privilege is a special privilege of the married person in which they have a special right
to keep the secret communications between them to an extent of defense from giving
testimony of the conversation in the court of law. The spousal privilege exists to boost marital
confidences and to reserve the marital relationship. In the criminal proceeding information
privately revealed in marital relationship under the trust and confidence of the husband wife
relationship is confidential under the rule of Federal Rule of Evidence. If in the existence of
third person any statement is revealed among Husband and Wife is not a confidential
communication. In that case Spouse is not entitled to use this special right of Spousal
Privilege. The witness-spouse only has a right to reject to be a witness unfavorably; no other
person can compel or prevent the witness Spouse… (Schlueter & Schlueter 2015)
Case law of Spousal Privilege
Trammel V. United States 445 U.S. 40 (1980)
Otis trammel was charged in a case of smuggling heroin and conspiracy for smuggling federal
drug into the United States with six non indicted co-accomplice with his wife Elizabeth Ann
trammel. His wife decided to be a witness against him in response for use of invulnerability
offered by the government. In his case the trail court administrated that his wife can appear as
a witness against her spouse excluding the husband-wife privileged confidential
communication because communication made under trust and confidence in the marital
relationship is inadmissible. He appealed his conviction for importing drug and for conspiracy
of importing federal drug in the court he purported that he had a right of privilege confidential

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communication in contradiction of his wife’s testimony. His appeal for this contention is
rejected by the Court and confirmed his sentence… (Weinstein & Mansfield, 2002).
Issue
Whether the testimony of Mrs. Trammel is admissible or she alone had a right to holds the
privilege in contradiction of adverse spousal testimony?
Rule
Spousal privilege is a privilege given in the Article V, Rule 504 of Federal Rule of Evidence in
which the confidential communication of marital relationship is privileged by the law for
encouraging spousal harmony and bond of confidentiality… Federal Rule of Evidence, 1975,
(2014).
Application/ Analysis
In this case the testimony of Trammel’s wife was admissible only in the extent of confidential
communication was made in the existence of third person and only witness- spouse has a right
to decide that he/she want to testify against adverse spouse or not. Court made this
modification in the case of Hawkins V United States 445 U.S. 40, 100 S. Ct. 906 (1980). No
other person including the other spouse can compel or prevent the witness spouse to testify. In
the modification of Hawkins Case Court recommends that modification will not harm any marriage
worth valid… (Gardener & Anderson, 2012).
In the Case of Funk V. United States, Supreme Court repealed the rule in which spouse were
incompetent to testify against the other spouse. In the Hawkins Case Supreme Court described
the difference between Spousal incompetency and Spousal Testimonial Privilege. Court said
that if any Spouse is willing to testify against the accused Spouse in that case there is nothing in the
marriage for saves. No one has a right to compel them for testimony in that case they are fully
competent to be witness. The privilege of Spousal communication is diverse from other

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Privilege. Spouse testimonial privilege only available in the duration of marriage and for the
testimony against the indicted spouse. Supreme court decided in the trammel case that
testimony of spousal is admissible and giving and refusing for the testimony is only right of
spousal witness (Mullane, 2018).
Conclusion
Spousal privilege is a privilege of husband and wife in which communication made during the
marriage in the confidence or trust of a relationship cannot be testified as evidence in the Court
of law. After the modification of Hawkins’s rule testimony against the adverse spouse is only
the right of witness-spouse. No other person including the spouse can compel to testify or
prevent the witness spouse from testifying. Spousal privilege is not allowed the case of dispute
between husband and wife… (Friedland & Sahl, 2015).
In the case of Trammel, Court recommends that permitting an indicted to stop opposing
spousal testimony disturb justice more than to short-term family harmony.
Spousal privilege is allowed as a Shield or a vehicle to help a Whistleblower?
Spousal privilege should be allowed as a Shield, the idea behind this privilege is to shield the
bond of confidentiality of marital relationship. This privilege is only applied if the
communication is made between the husband and wife and this privilege is revoked if any
third person presents at the time of communication or overhear the communication of the
married couple… (Stimmel and Smith 2011).
Reference
Federal Rule of Evidence, 1975 28 U.S.C. Sec 504 (2014).
Friedland, S. & Sahl, J. (2014) Evidence Problems and Materials (4th Ed.). LexisNexis, 2014.
PP-494-496. ISBN 978-0-7698-4594-4

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Gardner, T. & Anderson, T. (2012) Criminal Evidence: Principal and Cases (8th Ed.).
Wadsworth Cengage Learning. PP- 153-154. ISBN-13: 978-1285459004
Mullane, M. (2018). Trammel v. United States: Bad History, Bad Policy, and Bad Law, 47Me. L.
Rev. 105 (2018). 47.1. Retrieved From
https://digitalcommons.mainelaw.maine.edu/mlr/vol47/iss1/5
Schlueter, D. & Schlueter, J. (Ed.). (2015) Texas Rules of Evidence Manual (10th Ed.). Juris
Publishing Inc. PP-405-423. ISBN 978-1-57823-451-6
Stimmel, Stimmel & Smith P.C. (2011) The Law of Spousal Privilege. Retrieved From (n.d.).
https://www.stimmel-law.com/en/articles/law-spousal-privilege
Weinstein, J. & Mansfield, J. (2002) Evidence Aspen Publishers Inc. P- 206. ISBN-13: 978-1-
58778-368-5