The playing of the audiotape is likely to be excluded as a violation of:
The trial of famous football star Oxford Jack Wilson, accused of killing his brother-in-law, is underway. Prosecutors, frustrated by a pre-trial decision that excluded their key DNA evidence, begin taking some risks. On direct examination, they ask a doctor the following question: “So when you read a report of DNA results from the night of the murder, you saw that the defendant’s DNA matched blood evidence at the scene, correct?” Next, while questioning a police officer on direct examination, the prosecutors play an audiotape of a phone conversation between Oxford Jack’s wife and her now-deceased brother. This audiotape includes the wife discussing fears that her husband might be a violent man. However, Oxford Jack’s wife is not actually able to appear in person because she has fled the country, fearing for her safety. Finally, during closing arguments, the prosecutor refers to Oxford Jack as a “monster both on and off the football field.” Answer the following questions about what has taken place in this trial.
a. Clergy-Penitent Privilege
b. Attorney-Client Privilege
c. Spousal Privilege
d. No privilege would apply here because we can assume the wife would want it played.
Answer: C
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