Spousal testimonial privilege in dealing with domestic violence cases: A comparative analysis of the United States and Vietnamese legal frameworks

Abstract

Spousal testimonial privilege has been recognised by many countries’ evidentiary laws. In the United States criminal justice system, it is one of the privileges with a long-standing establishment and development. In the Vietnamese criminal justice legal framework, this privilege has undergone significant changes over the years. The impact of this privilege on the prosecution of domestic violence cases and the courts’ efforts to balance it with justice remain unsettled research questions. Employing comparative, case study, survey and literature-based research methodologies, this paper analyses the origins, rationales and substantive content of spousal testimonial privilege under United States law, with particular focus on its recognised exceptions. Specific reference is made to Rule 504(d) of the Uniform Rules of Evidence and Rule 504(c) of the Military Rules of Evidence, both of which articulate significant limitations and exceptions to the privilege. On this foundation, the authors undertake a comparative analysis and propose recommendations for the refinement of corresponding provisions in Vietnamese law, aiming to improve the effectiveness of the identification and prosecution of domestic violence offences. The authors contend that Vietnam should draw upon the United States’ legal experience by incorporating analogous exceptions to spousal testimonial privilege into its criminal and criminal procedure laws.