The Husband-Wife Marital Privileges Under MRE 504: A Balancing of Public Policy Considerations

Abstract

This thesis examines the Husband-Wife marital privileges as they exist in the military legal system under Military Rule of Evidence 504. The privileges are not mandated by the Constitution, rather they exist because they serve the public policy of promoting the marital relationship which must be balanced against achieving the interests of justice. This thesis concludes that M.R.E. 504 provides adequate protection for the competing interests, but that the current application of the privileges to extrajudicial proceedings is overbroad.

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Document Details

Document Type
Technical Report
Publication Date
Apr 01, 1987
Accession Number
ADA451316

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  • Bobby D. Melvin

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  • The Judge Advocate General's Legal Center and School

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