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Federal Rules of Evidence (US) QUESTION #3787
Question 1
A defendant is charged with arson. The prosecution calls a witness to testify that the defendant's wife told the witness, 'My husband set that fire.' The wife refuses to testify, invoking her spousal immunity. Is the witness's testimony about the wife's statement admissible?
  • Yes, as an admission by a party-opponent.
  • No, because it is hearsay and also violates the spousal privilege.✔️
  • Yes, if the statement was an 'Excited Utterance.'
  • No, because the wife is 'unavailable' and her statement is not against her own interest.
Correct Answer Explanation
The statement is hearsay. It is not an admission because the wife is not a party. Furthermore, marital privileges often prevent such testimony if the communication was confidential or if the spouse refuses to testify.