Does the spousal privilege extend to testimony by a third party witness?
MultiRegion, United States of America
The following excerpt is from U.S. v. Tsinnijinnie, 601 F.2d 1035 (9th Cir. 1979):
In light of these criticisms, we should consider whether the purposes of the privilege would be furthered by extending it to testimony by a third person. Hawkins v. United States, supra, outlined two justifications for the spousal privilege: fostering marital harmony and avoiding the spectacle of pitting one spouse against the other. It is unlikely that either goal is served by excluding a spouse's out-of-court statements.
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