MBE Rules · Evidence
Spousal Testimonial Privilege
Trammel v. United States
The rule
In federal criminal cases the witness-spouse alone holds the privilege to refuse to testify against the defendant-spouse; it applies only during a valid marriage and covers events before and during it.
In plain English
Spousal Testimonial Privilege allows one spouse to refuse to testify against the other in a federal criminal case. This privilege is held solely by the witness-spouse and is applicable only while the couple is legally married, covering both past and present events.
Worked example
During a federal criminal trial, a husband is accused of fraud. His wife, who is called as a witness, refuses to testify about conversations they had during their marriage. The court upholds her right to refuse, citing spousal testimonial privilege.
Memory hook
Spouses protect each other in court—no testimony against your other half!
The trap
Exams may present scenarios where students confuse spousal testimonial privilege with other marital privileges, such as marital communications, leading to incorrect conclusions.
How examiners test it
Questions often involve a fact pattern where one spouse is called to testify against the other, testing the application of the privilege and its limitations.
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