Section 970 - Privilege established

1 Citing brief

  1. BELL (STEVEN M.) ON H.C.

    Petitioner’s Response Brief re Referee’s Report

    Filed May 27, 2016

    People v. Sinohui, 28 Cal. 4th 205, 213 (2002)(citing Tentative Recommendation: Study Relating to the Uniform Rules of Evidence (Feb. 1964), 6 Cal. Law Revision Comm’n Rep. at 242 (1965) (“The privilege not to testify . . . is recommended because compelling a married person to testify against his spouse would in many cases seriously disturb if not completely disrupt the marital relationship of the persons involved.”)); see also Cal. Law Revision Comm’n Comment, Evid. Code § 970 (“The rationale of the privilege provided by Section 970 notto testify against one’s spouse is that such testimony would seriously disturb or disrupt the marital relationship. Society stands to lose more from such disruption than it stands to gain from the testimony which would be available if the privilege did not exist.”).