Maine Revised Statutes

Me. Rev. Stat. tit. 15, § 1315 (2026)

Self-incrimination; failure to testify; spouse as witness

✓ current as of May 2026

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In all criminal trials, the accused shall, at the accused's own request but not otherwise, be a competent witness. The accused may not be compelled to testify on cross-examination to facts that would convict or furnish evidence to convict the accused of any other crime than that for which the accused is on trial. The fact that the accused does not testify on the accused's own behalf may not be taken as evidence of the accused's guilt. The spouse of the accused is a competent witness except in regard to marital communications. [RR 2023, c. 2, Pt. D, §57 (COR).]

SECTION HISTORY

PL 1969, c. 333 (AMD). RR 2023, c. 2, Pt. D, §57 (COR).

Notes of Decisions

Cited in 21 cases (2 in the last 5 years), 1970–2025 · leading case: State v. Smith, 384 A.2d 687 (Me. 1978).

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State v. Smith, 384 A.2d 687 (Me. 1978). · cites it 6× “On appeal the defendant claims that the presiding Justice erred in allowing the defendant’s wife to testify as to certain “marital communications” inadmissible under 15 M.R.S.A. § 1315. We deny the appeal. On the morning of November 19, 1974, the defendant, his wife, Karen…”

State v. Rich, 395 A.2d 1123 (Me. 1978). · cites it 2× “*1133 Next the Defendant claims an error because in the course of his jury instructions, the presiding justice explained the mandate of 15 M.R.S.A. § 1315 as follows: 15 It is the law of this State that the failure of a person accused of a crime to testify shall not be construed…”

State v. Lakeside, 561 P.2d 612 (Or. 1977). · cites it 2× “[7] The authority cited for this advice to trial judges was 15 M.R.S.A. § 1315, which is a typical statute making the defendant a competent witness and providing that his failure to testify is not evidence against him.”

State v. Libby, 410 A.2d 562 (Me. 1980). · cites it 2× “[3] 15 M.R.S.A. § 1315 provides in pertinent part: In all criminal trials, the accused shall, at his own request but not otherwise, be a competent witness.”

State v. Bickart, 963 A.2d 183 (Me. 2009). “[¶ 43] Title 15 M.R.S. § 1315 (2007) provides that “[t]he husband or wife of the accused is a competent witness except in regard to marital communications.”

State v. Inman, 350 A.2d 582 (Me. 1976). “The question thus becomes one of whether the requested instruction was necessary to insure against a misconception of responsibilities of proof.”

State v. Tibbetts, 299 A.2d 883 (Me. 1973). · cites it 2× “*887 However, his use of the final four sentences raises the serious question of whether an impermissible reference was made to the fact that the appellant, by not becoming a witness, had exercised the privilege guaranteed him by the Fifth Amendment of the United States…”

State v. Lipham, 910 A.2d 388 (Me. 2006). “” 15 M.R.S. § 1315 (2005). Rule 504, the husband-wife privilege, provides in pertinent part: (a) Definition.”

State v. Chapman, 358 A.2d 387 (Me. 1976). · cites it 2× “He is not required to prove his innocence. The State is required to prove his guilt.”

State v. Bates, 2003 ME 67 (Me. 2003). “[¶ 16] The marital communications privilege is set forth in the last sentence of 15 M.R.S.A. § 1315 (2003): “The husband or wife of the accused is a competent witness except in regard to marital communications.”

State v. Tuplin, 901 A.2d 792 (Me. 2006). “” 15 M.R.S. § 1315 (2005). [¶ 10] By the end of the nineteenth century, every state but ■ Georgia had abolished the disqualification of criminal defendants from testifying at trial.”

State v. White, 285 A.2d 832 (Me. 1972). “See: 15 M.R.S.A. § 1315. See also: State v. Banks, 78 Me.”

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