WPIC 4.79 Refusal of Witness To Testify—Exercise of Privilege
11 WAPRAC WPIC 4.79Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 4.79 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part I. General Instructions
WPIC CHAPTER 4.60. Miscellaneous Instructions During Trial
WPIC 4.79 Refusal of Witness To Testify—Exercise of Privilege
I have decided that the witness will not answer the previous question. You should disregard the question. Do not make any assumptions about what the witness would have said or speculate about whether the testimony would have been favorable to a particular party.
NOTE ON USE
This oral instruction should be used when the judge sustains a privilege objection in the presence of the jury.
COMMENT
This instruction was formerly identified as WPIC 6.32. For the current edition of these instructions, the WPI Committee has moved the instruction to this chapter, with other oral instructions that may be given to the jury during trial. The instruction was not revised and no substantive change from earlier editions is intended.
This instruction will not be needed frequently. Privilege issues should be resolved out of the presence of the jurors and without their knowledge.
The general rule in Washington is that a witness's claim of privilege is not evidence and may not be considered by a jury for any purpose. Tegland, 5A Washington Practice: Evidence Law and Practice § 501.5 (6th ed.). This rule applies equally to witnesses called by the prosecution and by the defense. State v. Bradbury, 38 Wn.App. 367, 371–72, 685 P.2d 623 (1984).
[Current as of May 2019.]
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