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MMLU / A husband and wife had been married for 10 years. The wife obtained a divorce…

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question

A husband and wife had been married for 10 years. The wife obtained a divorce from the husband after learnitg that he was engaging in an extramarital love affair with one of his co-workers. Following the divorce, the husband was arrested and charged with embezzling funds from his employer during a two- year period. In preparing for trial, the prosecuting attorney interviewed the wife, who stated that during their marriage, the husband admitted committing the embezzlement. This jurisdiction has adopted both the common-law marital and spousal privileges. At the husband's trial, the wife is called to testify regarding statements the husband made to her during the marriage regarding commission of the crime. Upon objection by the husband's attorney, the wife's testimony will be

choices

  1. admissible, under both the marital and spousal privileges.
  2. admissible, under the spousal privilege but not admitted under the marital privilege.
  3. admissible, under the marital privilege but not admitted under the spousal privilege.
  4. inadmissible, under either the marital or spousal privileges.

subject

professional_law

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