NCJ Number
156480
Journal
Maryland Law Review Volume: 54 Issue: 3 Dated: (1995) Pages: 891-904
Date Published
1995
Length
14 pages
Annotation
This analysis of Maryland's Domestic Violence Act of 1994 concludes that the newly created exception to the spousal privilege under the law is a much-needed step in the direction toward abrogation of the privilege in the context of domestic violence.
Abstract
The Maryland legislature appears to have reluctantly conceded that the purposes of the spousal privilege do not always outweigh the public need to prevent and punish violent crimes in the domestic setting. The law supports a broad application of the abuse of a child exception and permits the government to use a missing witness inference in certain cases. As amended, the spousal privilege change will likely increase the cost to the court system and the legal community in terms of time and money. In the future, the legislature may find that whatever marital harmony is preserved between domestic violence victims and their aggressors through the noncompellability of spousal testimony is not worth this price. Footnotes