Written by Chelsey Dawson, ’20 (PDF Version)
Two federal common-law rules govern a person’s ability to testify against their current or former: spousal privilege and spousal incompetence. At the core of both of these rules is the protection of marital harmony and the benefits that society reaps from that harmony.[1] Courts have held these rules “are ‘necessary to foster family peace, not only for the benefit of husband, wife, and children, but for the benefit of the public as well.’”[2] Continue reading