In criminal proceedings, what is true regarding spousal testimony?

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In criminal proceedings, the principle governing the admissibility of spousal testimony primarily hinges on the doctrine of spousal communications privilege. This privilege typically protects private communications made between spouses during the marriage from being disclosed in court. Hence, the option that states a spouse may testify only on non-privileged communications accurately captures this legal framework.

This means that while spouses are generally allowed to testify against one another, they cannot disclose confidential communications made during the marriage unless these communications fall outside the scope of the privilege, such as when they involve criminal activity or other exceptions to the rule. Therefore, a spouse can freely provide testimony about events or facts that are outside the context of privileged communications.

The option stating that spouses cannot testify against each other at all does not align with the legal standards, as the privilege does not grant an absolute barrier to all testimony. The notion that a spouse may testify about any issue overlooks the confines of the privilege that protects certain communications. Lastly, the requirement for a spouse to have permission from the other to testify does not exist; a spouse can choose to testify without the consent of the other, as long as the testimony pertains to non-privileged matters.

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