The idea of spousal priviledged communication was made formal in the English Evidence Amendment Act of 1853. But it originated long ago in english common law. And contrary to popular belief, it doesn't cause crime. It probably prevents it. Because it encourages open and frank communication. For example if a husband tells his wife he embezzled money from work, and he's going to go in the next day and punch his boss in the nose, so he doesn't tell anyone, his wife might say this. Listen, let me go in and talk to him the next day. I'm sure he'll understand. And after all it's just your word against his. Especially since I could never be called to testify. See how that works?