Evidence: DEALBA V. COM. (SC 9/21/2006)

DEALBA V. COM.
EVIDENCE:  Spousal testimony privilege KRE 504(a), exception
2005-SC-000489-MR.pdf
PUBLISHED:  AFFIRMING (ROACH)
DATE RENDERED: 9/21/2006

The marital privileges are to be construed narrowly.  The exceptions provided in KRE 504(c)(2) reflect the fact that the marital privilege is considered by many to be in disfavor as a result of abuses which prevent ascertaining the truth . . . . The courts have approached the privilege by narrowly and strictly construing it because it has the potential for shielding the truth from the court system.  Many courts have determined that when the reason supporting the privilege, marital harmony, no longer exists, then the privilege should not apply to hide the truth from the trier of fact.

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