§ Rule512 Comment Upon or Inference From Claim of Privilege in Criminal Cases; Instruction
Rule512. Comment Upon or Inference From Claim of Privilege in Criminal Cases; Instruction
(a) Comment or Inference Not Permitted. The claim of a privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel in a criminal case. No inference may be drawn therefrom.
(b) Claiming Privilege Without Knowledge of Jury. In criminal cases tried to a jury, proceedings shall be conducted, to the extent practicable, so as to facilitate the making of claims or privilege without the knowledge of the jury.
(c) Jury Instruction. Upon request, any accused in a criminal case against whom the jury might draw an adverse inference from a claim of privilege is entitled to an instruction that no inference may be drawn therefrom.