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Legal Definitions - antimarital-facts privilege

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Definition of antimarital-facts privilege

Antimarital-facts privilege is a type of privilege that allows a spouse not to testify against their partner in a criminal case, regardless of the subject matter of the testimony. This privilege protects confidentialcommunications made between spouses during the marriage.

For example, if a husband and wife are accused of a crime, the wife cannot be forced to testify against her husband about any confidential communication they had during their marriage. This privilege is also known as the privilege against adverse spousal testimony.

The purpose of this privilege is to protect the sanctity of marriage and encourage open communication between spouses. It is important to note that this privilege only applies to criminal cases and not civil cases.

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Simple Definition

Antimarital-facts privilege is a legal right that allows spouses to keep confidentialcommunications between them during their marriage. This means that they cannot be forced to testify or disclose information about these communications in court, even if it is relevant to the case. It is also known as the privilege against adverse spousal testimony. This privilege is different from the marital-communications privilege, which protects confidential communications between spouses, and the privilege against self-incrimination, which is a criminal defendant's right not to be questioned by the judge or prosecution unless they choose to testify.

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