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The Title 28 of the United States Code QUESTION #3742
Question 1
A husband is on trial for tax fraud. The prosecution calls his wife to testify about a conversation they had in private while they were married. The husband objects. What privilege applies?
  • Spousal Immunity.
  • Confidential Marital Communications.✔️
  • Attorney-Client Privilege.
  • None, there is no privilege for fraud.
Correct Answer Explanation
The 'Confidential Marital Communications' privilege protects private communications between spouses made during the marriage. Either spouse can invoke it to prevent the other from testifying about the communication.