A husband is charged with assaulting his wife. He invokes the marital communications privilege to exclude a threat he made to her in private. How should the court rule?
QUESTION
Under Trammel v. United States, who holds the federal spousal testimonial privilege in criminal cases?
QUESTION
What is the scope of the spousal testimonial privilege?
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ANSWER
It allows refusal to give any adverse testimony during a valid marriage, including about premarital events. In federal court, it applies only in criminal cases.