In Trammel v. United States, the U.S. Supreme Court established the spousal privilege. Which of the following best represents the Court’s position on spousal privilege?
a. Mary is deemed incompetent to testify against Dan, her husband, simply because she is Dan’s spouse.
b. Mary is called to testify against her husband, Dan. Mary can assert spousal privilege, to protect her from having to testify against Dan.
c. Mary is called to testify against her husband, Dan. Dan, through his attorney, can successfully protect Mary from having to testify by asserting spousal privilege.
d. Mary is called to testify against her husband. Mary is refusing to testify against Dan, asserting spousal privilege. Dan, however, has his attorney waive spousal privilege, thus requiring Mary to testify.
b. Mary is called to testify against her husband, Dan. Mary can assert spousal privilege, to protect her from having to testify against Dan.
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