Which of the following is NOT true of Spousal Privilege?
A) Under the law today, a person can choose to testify against their spouse.
B) The privilege to avoid testimony belongs to the person being spoken about, and not to the speaker.
C) Spousal Privilege protects private conversations between husband and wife, and protects marriages from the destructive effects of being compelled to testify against one another.
D) The privilege is based on the notion that husband and wife are one person and that one person should not be compelled to testify against one's self.
E) Under common law, it was customary that a spouse could not be compelled to testify and that a spouse could be prevented from testifying by the other spouse.
Correct Answer:
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