The US Federal Laws and Testimonial Privileges

1285 Words5 Pages
Law The essence of testimonial privileges is to balance the search for truth with that of the unique character of privileged relationships. The US federal laws offer spousal privileges in to persons on the basis that communication between spouses is confidential. This privilege protects against the disclosure of contents of confidential communications between spouses during the course of their marriage. This privilege is applicable in both criminal and civil cases. Either the witness-spouse or the party-spouse can invoke the spousal privilege to deter the other from testifying. The attorney-client privilege, on the other hand, refers to a legal notion, which protects certain communications involving an attorney and his/ her client and maintains these communications as confidential. The attorney-client privilege is among the oldest recognized privileges in the US and encourages clients to make full and truthful disclosures to their attorneys without the prospect of their disclosures being used against them. This allows attorneys to offer candid advice and sufficient representation. The self-incrimination privilege recognizes the Fifth Amendment of the US Constitution by protecting witnesses from being coerced into incriminating themselves. Under this privilege, a witness is allowed to plead the Fifth by refusing to respond to questions if the response could be self incriminatory. This privilege is founded on the aspect of torture, which was used to extract information

More about The US Federal Laws and Testimonial Privileges

Get Access