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Military Rule of Evidence 504: Marital Communications Privilege
The military judge ruled that appellant's statements to his wife were admissible under a "partnership in crime/crime-fraud exception to the marital communications privilege.
253) The ACCA also noted that the Air Force Court of Military Review adopted a crime-fraud exception to the marital communications privilege in 1990 (254) in the case of United States v.
For the marital communications privilege to apply, there are three prerequisites.
There are two exceptions to the marital communications privilege.
It is also important to note that this privilege, unlike the marital communications privilege, does not survive the termination of the marriage either through death or divorce.