ANNOUNCER: A CNN viewer wants to know, "Why are spouses allowed privilege from testifying against each other, but there is no privilege between parents and children?"</s>GRETA VAN SUSTEREN, CNN LEGAL ANALYST: First of all, Sherri, let me tell you want a spousal privilege is: It's a communication that's intended to be confidential between married people. And what state legislatures did was they got together within their individual states and voted that this was an important communication -- they wanted to protect the sanctity of the marriage -- so they created this specific privilege, the spousal privilege. It's not absolute. In some states there are statutes where, if one spouse is accused of assaulting the other spouse, then the privilege doesn't exist. Now to be more specific about your question about why there aren't privileges between parents and their children, that's because, as a policy matter, legislatures have not decided that that particular privilege is one that we should have. Traditionally, parents have not been called upon to testify very often against their children, because children didn't often commit crimes. Now, as society is changing, perhaps we'll see a change in the law.
Ask CNN: Why Are Spouses Allowed Privilege From Testifying Against Each Other, but There Is No Such Privilege Between Parents and Children?