320. Exercise of Privilege by Witness

A witness may refuse to answer questions that call for privileged information. Under the law, <insert name of witness> was justified in refusing to answer certain questions. Do not consider (his/her) refusal to answer for any reason at all and do not guess what (his/her) answer would have been.

Bench Notes

Instructional Duty

The court has no sua sponte duty to give an instruction on the exercise of privilege by witnesses; however, it must be given on request. (Evid. Code, § 913(b); see also People v. Mincey (1992) 2 Cal.4th 408, 440-441 [6 Cal.Rptr.2d 822, 827 P.2d 388].)

Related Instructions

See CALCRIM No. 355, Defendant's Right Not to Testify.

Authority

Instructional Requirements. Evid. Code, § 913(b); People v. Mincey (1992) 2 Cal.4th 408, 440-441 [6 Cal.Rptr.2d 822, 827 P.2d 388].

Secondary Sources

4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 80, Defendant's Trial Rights, § 80.06, Ch. 83, Evidence, § 83.09[2], [17], Ch. 85, Submission to Jury and Verdict, § 85.03[2][b] (Matthew Bender).

(New January 2006)