Crucial Exams

Multistate Bar Examination Practice Question

During a criminal trial, the prosecution seeks to introduce testimony from the defendant’s spouse regarding a private conversation they had in their home, in which the defendant allegedly confessed to committing the crime. The defense objects, arguing that the testimony is barred by the marital communication privilege. Which of the following most accurately explains whether the testimony is admissible?

  • The testimony is not admissible if the defendant formally invoked the privilege during pre-trial motions.

  • The testimony is admissible because the marital communication privilege is limited to civil cases and does not apply in criminal proceedings.

  • The testimony is not admissible because the marital communication privilege applies to confidential communications shared between spouses during the marriage.

  • The testimony is admissible because the privilege cannot be invoked if the spouse chooses to testify voluntarily.

Multistate Bar Examination
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