# Law question (Perry Mason) **URL:** \ **Category:** Factual Questions\ **Created:** [January 15, 2016, 9:16am UTC](https://boards.straightdope.com/t/law-question-perry-mason/743208 "2016-01-15T09:16:19Z")\ **Posts on this page:** 6\ **Page:** 3
**Author:** ![jbaker](https://avatars.discourse-cdn.com/v4/letter/j/59ef9b/32.png) [@jbaker](https://boards.straightdope.com/u/jbaker)\ **Post date:** [February 23, 2016, 8:00pm UTC](https://boards.straightdope.com/t/law-question-perry-mason/743208/41 "2016-02-23T20:00:54Z")
> [@dougie\_monty](#): > > The current statute on this in California is Evidence Code Section 970, “Stats.1965.” Assuming there was an earlier statute on this matter in California (and that is the usual venue for Perry Mason’s cases), how long before the enactment and effective date of Section 970 did this episode air? The California statute on what matter? Section 970 is the spousal privilege. ---
**Author:** ![dougie\_monty](https://avatars.discourse-cdn.com/v4/letter/d/439d5e/32.png) [@dougie\_monty](https://boards.straightdope.com/u/dougie_monty)\ **Post date:** [February 23, 2016, 9:19pm UTC](https://boards.straightdope.com/t/law-question-perry-mason/743208/42 "2016-02-23T21:19:19Z")
> [@jbaker](#): > > The California statute on what matter? Section 970 is the spousal privilege. That’s what I mean, spousal privilege. The witness is not forbidden to testify thus, but cannot be compelled to, under the statute. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [February 23, 2016, 9:37pm UTC](https://boards.straightdope.com/t/law-question-perry-mason/743208/43 "2016-02-23T21:37:57Z")
There are two “spousal privileges.” The lesser knownis the marital communications privilege, which relates to confidential matters discussed during the marriage and may be invoked by one partner _to prevent the other (or anyone else) from testifying on those matters_ even after divorce. In California, the marital communications privilege is codified at [§ 980 of the evidence code](http://www.leginfo.ca.gov/cgi-bin/displaycode?section=evid&group=00001-01000&file=980-987). It has been part of California law in some form since 1863, according to [this article](http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=3851&context=californialawreview). The other is the common law spousal privilege you are discussing, but that may only be invoked by the testifying spouse. ---
**Author:** ![dougie\_monty](https://avatars.discourse-cdn.com/v4/letter/d/439d5e/32.png) [@dougie\_monty](https://boards.straightdope.com/u/dougie_monty)\ **Post date:** [February 24, 2016, 8:01pm UTC](https://boards.straightdope.com/t/law-question-perry-mason/743208/44 "2016-02-24T20:01:10Z")
Even the privilege referred to in Section 980 is mitigated. In _Riverside County Sheriff’s Department v. Zigman_ (2008), it was ruled that “Marital communications privilege does not apply in law enforcement investigations and hearings.”–169 Cal.App.4th 763, 87 Cal.Rptr.3d 358 (App. Dist. 4th, review denied). ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [February 24, 2016, 8:08pm UTC](https://boards.straightdope.com/t/law-question-perry-mason/743208/45 "2016-02-24T20:08:18Z")
Well, yes. There are rather a lot of exceptions. You just asked when it took effect. ---
**Author:** ![dougie\_monty](https://avatars.discourse-cdn.com/v4/letter/d/439d5e/32.png) [@dougie\_monty](https://boards.straightdope.com/u/dougie_monty)\ **Post date:** [February 24, 2016, 8:40pm UTC](https://boards.straightdope.com/t/law-question-perry-mason/743208/46 "2016-02-24T20:40:02Z")
True. And Section 980 begins, “except as otherwise provided by statute.” (But none of these statutory exceptions appear in West’s annotated volume, under the Section 980 heading.) I would still like to know when the episode aired. Before spousal privilege was transferred to the Evidence Code it had been in the Code of Civil Procedure, Section 1881, since it was originally enacted in 1872. [Previous page](https://boards.straightdope.com/t/law-question-perry-mason/743208.md?page=2)