CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......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.