A crime-fraud exception should be added to the evidentiary privilege that protects spousal communications because the societal purpose behind the privilege is not served by safeguarding conversations between spouses about their joint criminal activities, the New Jersey Supreme Court held Tuesday.
But it also ruled that adding such an exception is not the type of minor change that it has historically made on its own. Rather, it’s a “fundamental” one with “serious and far-reaching” consequences that should involve a collaborative effort by all three branches of government, the court said.
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