Spousal immunity prohibits a prosecutor from forcing a defendant’s spouse to testify against them. This immunity is safeguarded by the Federal Rules of Evidence.
In a criminal case, the prosecution cannot compel the defendant's spouse to testify against them. This protection only applies if the defendant and the spouse witness are currently married at the time of the prosecution. Additionally, the spouse can choose to waive the protection of spousal immunity and testify if they wish.
[Last updated in June of 2024 by the Wex Definitions Team]
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