You are the judge:

 

When Jack and Jill were boyfriend and girlfriend, Jack gave Jill a new and expensive phone.  Jill knew with Jack's salary he could not afford such a phone. Jack told her that he broke into a store and stole the phone. Jack and Jill got married. Jack is now on trial for burglary for breaking into that store. The prosecution calls Jill to testify about what she knows about the burglary. Jill is unwilling to testify and she invokes the privilege against adverse spousal testimony to decline to testify. The prosecution objects. The prosecution claims that the burglary happened before their marriage and Jill cannot invoke the privilege not to testify. How do you rule?

 

When Jack and Jill were boyfriend and girlfriend, Jack told Jill in private about a fraudulent scheme he was involved in. He told Jill that he had made a lot of money through the scheme. Jack and Jill got married. Jack is now on trial for fraud. The prosecution calls Jill to testify about what Jack told her about the fraudulent scheme before their marriage. Jill is unwilling to testify and she invokes the privilege protecting confidential spousal communications to decline to testify. The prosecution objects, claiming that Jill cannot invoke the privilege. How do you rule