If a spouse asserts their 5th Amendment privilege in a criminal trial against their spouse, can the sworn statement she provided to police be used against the defendant spouse at trial? I would think that the statement, although sworn, would be considered hearsay under the double hearsay standard especially as the declarant is not testifying. Please advise. If you can cite to a specific rule or case law that clarifies this, I would greatly appreciate a cite of this rule or case(s) as I have not been able to find anything specifically on point. Thank you in advance.