CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Marital Privileges
.........Comment on Exercise of Privilege
4 Cards On This Topic:
No comment allowed re exercise of privilege; party may request instruction that jury draw no inference from exercise.
No comment is permitted on the exercise of a privilege in civil cases as well as criminal.
Argument that jury should draw adverse inference against D for failure to produce wife to substantiate alibi reversible error.
DA's comment on D's exercise of privilege against self-incrimination.