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
-
What Happens After You’re Accused of a Crime in the Military?
Sep 06View ArticleBeing accused of a crime in the military can be stressful and confusing. An accusation, however, is not the same thing as guilt. The military justice system includes multiple stages for reviewing allegations, gathering evidence, making charging decisions, and determining potential consequences. The exact timeline and outcome can vary significantly depending on the facts, the...
-
Can You Be Court-Martialed After a Civilian Trial? Double Jeopardy in the Military
Jan 22View ArticleWhen service members resolve a criminal matter in civilian court, many believe the legal process has fully concluded. In the military justice system, however, jurisdiction overlaps, sovereign authority differs, and constitutional protections operate under unique rules. One of the most misunderstood protections covers the double jeopardy military members face, particularly when they are forced to...
-
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...