White collar crime is a type of typically nonviolent financial crime that usually involves some sort of financial gain. White collar crimes are often perpetrated by offenders who have been entrusted with certain financial information, which is why the penalties for committing a white collar crime can be severe. Successfully prosecuting a white collar crime requires sufficient evidence, which can come from various people and places. However, when it comes to getting evidence from an individual’s spouse, there are certain protections that exist that protect couples from having to reveal communications made in private with one another.
What Is the Marital Communications Privilege?
In the 1850s, the marital communications privilege was created and originally existed in U.S. law as an attempt to preserve the sanctity of marital conversation, therefore encouraging free and open communication and strengthening the marital bond. Both spouses retain the marital communications privilege, meaning either spouse can invoke the privilege at any time, as long as the three required elements exist. If a spouse wishes to keep certain communications confidential, he or she must be able to prove that:
...