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38. Is this question proper?
At a defendant's trial for mail fraud, the defendant calls his wife to testify that she committed the fraud herself without the defendant's knowledge. On cross-examination, the prosecutor asks the wife, «Isn't it true that you have fled your home several times in fear of your husband?»
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A is incorrect. Leading questions are generally permitted on cross-examination, and the question is proper because it explores the wife's possible motive for testifying falsely.
B is incorrect. This answer applies the wrong balancing test. Under Rule 403, evidence that is probative is admissible unless its probative value is substantially outweighed by the risk of unfair prejudice. That test favors admitting probative evidence. It is not the case, therefore, that the prejudicial effect must simply outweigh the probative value for the evidence to be excluded. The question is proper because it explores the wife's possible motive for testifying falsely.
C is incorrect. The defendant does not have a privilege to prevent his wife from testifying against him. The privilege against adverse spousal testimony is held by the wife, as the witness, not by the defendant. The question is proper, however, because it explores the wife's possible motive for testifying falsely.