Explain what the spousal incapacity privilege is and the rationale behind the rule.

CRJ 200: Criminal Procedure and Criminal Evidence
Directions: Provide Short Essay Answers and Cite Your Work Using APA Style.

1. What is a privileged communication and what is the rationale for the existence of confidential relationships?
2. What are four fundamental conditions that must be established before a person is exempted from testifying in a judicial proceeding based on a claim of privilege?
3. If there are questions as to whether a privilege should be recognized, how will the court proceed?
4. Explain what the spousal incapacity privilege is and the rationale behind the rule.
5. What is the marital communications privilege and what is required for the privilege to apply?
6. What are two possible justifications for the attorney-client privilege?
7. Explain why the psychotherapist-patient privilege is supported by stronger policy justifications than the doctor-patient privilege.

References

http://legal-dictionary.thefreedictionary.com/privileged+communication

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