📜 BAR Exam Prep

Spousal testimonial privilege in federal courts allows:

A Both spouses to prevent testimony
B The witness-spouse to choose whether to testify against the defendant-spouse in criminal cases
C Only the defendant to invoke
D The judge to decide

✓ Correct Answer: Option B

Federal rule (Trammel v. US): the witness-spouse holds the privilege and may choose to testify. Only applies during marriage; in some states the defendant-spouse holds it.

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