In a criminal case, the witness-spouse holds spousal immunity and may choose to testify but cannot be compelled. Which statement is correct?

In a criminal case, the witness-spouse holds spousal immunity and may choose to testify but cannot be compelled. Which statement is correct?

• A. The witness-spouse cannot testify under any circumstances
• B. The witness-spouse can be compelled to testify by the court
• C. The witness-spouse may choose to testify but cannot be compelled
• D. The witness-spouse must testify if the other spouse requests it

Answer: (C)

The key idea is the spousal testimonial privilege in criminal cases. The witness-spouse has the right to refuse to testify against the other spouse, but they also may choose to testify if they want to. The court cannot compel them to testify. So the best statement is that the witness-spouse may choose to testify but cannot be compelled. The other options misstate the privilege: one says the spouse cannot testify at all, another says the court can force testimony, and another says testimony is mandatory if requested by the other spouse.

The key idea is the spousal testimonial privilege in criminal cases. The witness-spouse has the right to refuse to testify against the other spouse, but they also may choose to testify if they want to. The court cannot compel them to testify. So the best statement is that the witness-spouse may choose to testify but cannot be compelled. The other options misstate the privilege: one says the spouse cannot testify at all, another says the court can force testimony, and another says testimony is mandatory if requested by the other spouse.