Rule 512 - Comment upon or Inference from Claim of Privilege in Criminal Cases; Instruction(a)Comment or inference not permitted. The claim of a privilege is not a proper subject of comment by either a judge or counsel in a criminal case, regardless of whether the privilege was claimed in the present proceeding or on a prior occasion. The fact finder may not draw any inference from the claim of privilege.(b)Claiming privilege outside the hearing of the jury. In criminal jury trials, proceedings shall be conducted, to the extent practicable, so as to allow privilege claims to be made outside of the hearing of the jury. (c)Jury instruction. Unless waived, any criminal defendant who has claimed a privilege is entitled to an instruction that no inference may be drawn from the claim of privilege.Adopted effective 1/1/2015.Maine Restyling Note [November 2014]
Maine Rule 512 has been restyled in accordance with the federal restyling conventions, and, as part of this process, the Committee has proposed some minor, nonsubstantive changes to clarify the Rule and make it consistent with Maine precedent. See State v. Libby, 410 A.2d 562, 564 (Me. 1980); Alexander, Maine Jury Instruction Manual §6-8 at 116 (2014 ed.).
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