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Veronica and Wes Were Married

Question 42

Multiple Choice

Veronica and Wes were married. They worked out a routine which they used to steal cars. Veronica went to the car dealership and took a test drive in the car they planned to steal and carefully noted where the keys were kept and the layout of the display lots and exits. When she came home, they went out to eat and discussed what she had seen. On the following day, she went back to the dealership and flirted with a salesman while Wes obtained the keys and drove the car off the lot. Veronica and Wes were arrested after they had stolen several cars. Veronica filed for divorce a day before trial because she discovered Wes was having an affair with Yvonne. Wes immediately made a plea bargain with the prosecutor that gave him probation in exchange for testifying against Veronica. Can Veronica prevent Wes from testifying based on the Husband-Wife Privilege Not to Testify against Each Other?


A) Yes, Veronica can if the state where she lives makes the defendant the holder of the privilege and her divorce is not final when Wes is called to testify.
B) Yes, Veronica can because both spouses hold the privilege and can prevent the other spouse from testifying as long as they are still married.
C) No, the privilege cannot be used in criminal cases.
D) No, a spouse who is a defendant cannot invoke the privilege.

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