We occasionally receive questions about whether communications between a husband and wife are admissible in a court-martial.The basic rule is in Military Rule of Evidence 504. The rule basically provides that a person has a privilege to refuse to testify against his or her spouse during and after the marriage about communications while they were married.Like all things in the law, there are exceptions when it does not apply:-When both spouses are participants in illegal activity;-When one spouse is charged with a crime against the other spouse or a child;-When the marriage was a sham marriage;-When one spouse is being used by the other for human trafficking.
Categories
Related Posts
-
US V. CPL Lindsey Scott
Feb 01View ArticleIn 1983, a woman was attacked near the Quantico Marine Base in Virginia. The victim’s description of her assailant prompted the military officers to convict and court-martial Corporal Lindsey Scott, the only black MP in the Quantico Criminal Investigation Division, despite his pleas of innocence. He was initially convicted and sentenced to 30 years in...
-
Military Speedy Trial Rights
Jan 28View ArticleUnder the US Constitution, an accused enjoys the right to a speedy trial. US v. Danylo, 73 M.J. 183 (C.A.A.F. 2013). A service members 6th Amendment right to a speedy trial triggers upon the preferral of charges or pretrial restraint. That right is also codified in Article 10, UCMJ. Military courts look at 4 issues...
-
Release from Pretrial Confinement
Jan 28View ArticleUnder R.C.M. 906 (b)(8), the defense may move the court for relief from pretrial confinement in violation of R.C.M. 305.The defense, as the moving party, has the burden of showing by a preponderance of the evidence that: (1) the 7-day reviewing officer’s decision was an abuse of discretion; or (2) information not presented to the...