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 because the marital communication privilege applies to confidential communications shared between spouses during the marriage.
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 if the defendant formally invoked the privilege during pre-trial motions.
The testimony is admissible because the privilege cannot be invoked if the spouse chooses to testify voluntarily.
The marital communication privilege protects private, confidential conversations made between spouses during the marriage, assuming those communications were intended to remain confidential. This privilege applies in both civil and criminal cases and is not dependent on whether one spouse voluntarily agrees to testify. Importantly, the privilege is not waived simply because the defendant did not invoke it before trial. Testimony remains inadmissible unless the privilege is subject to an exception, such as communications furthering a crime, which is not suggested here. The incorrect answers misinterpret these principles or present scenarios that are irrelevant to the privilege.
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Can the marital communication privilege be waived?
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