Contact Us
Make My Homepage

Change could permit ‘marital communication’ to be used in court

An amendment to a New Jersey law barring disclosure of confidential communication between married couples could have far-reaching ramifications in criminal cases involving spouses as defendants.

Listen to audio from this and other news stories

(Jupiterimages, ThinkStock)

Assemblyman Greg McGuckin (R-Brick) has ordered the bill to be drafted, following a recommendation by the New Jersey Supreme Court to add a “crime fraud exception” to the marital communication privilege. The need for the amendment arose from a drug trafficking case involving an Ocean County couple. The High Court ruled spouses should not be privileged if the conversations take place as part of a criminal activity.

Given the proposal’s potential far-reaching ramifications, McGuckin said strong opposition is likely.

“I would imagine there will be a number of interest groups that will weigh in and oppose it, and/or suggest changes,” McGuckin said.

McGuckin expects the bill to be introduced in September and is hoping it can be passed quickly, so it can be applied before the Lakewood couple’s case reaches trial. However, he said he’s “not a big fan of legislation to address one particular case.”

“I think that legislation that stands the test of time is something that’s going to apply for cases for long into the future,” McGuckin said.

Best of NJ101.5

Recommended For You

Best of the Web

Leave a Comment

It appears that you already have an account created within our VIP network of sites on . To keep your personal information safe, we need to verify that it's really you. To activate your account, please confirm your password. When you have confirmed your password, you will be able to log in through Facebook on both sites.

Forgot your password?

*Please note that your prizes and activities will not be shared between programs within our VIP network.

It appears that you already have an account on this site associated with . To connect your existing account just click on the account activation button below. You will maintain your existing VIP profile. After you do this, you will be able to always log in to using your original account information.

*Please note that your prizes and activities will not be shared between programs within our VIP network.

Please fill out the information below to help us provide you a better experience.

(Forgot your password?)

Not a member? Sign up here

Sign up for New Jersey Insiders quickly by connecting your Facebook account. It's just as secure and no password to remember!

Sign up to have exclusive New Jersey Insiders contests, events, coupons, presales, and much more delivered to you for FREE.