Section V · Privileges
Rule 512. Comment upon or inference from claim of privilege; instruction
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (1)(a) Comment or Inference not permitted.
(1) The claim of a privilege by the accused whether in the present proceeding or upon a prior occasion is not a proper subject of comment by the military judge or counsel for any party. No inference may be drawn therefrom.
(2) The claim of a privilege by a person other than the accused whether in the present proceeding or upon a prior occasion normally is not a proper subject of comment by the military judge or counsel for any party. An adverse inference may not be drawn therefrom except when determined by the military judge to be required by the interests of justice.
(b) Claiming a Privilege Without the Knowledge of the Members. In a trial before a court-martial with members, proceedings must be conducted, to the extent practicable, so as to facilitate the making of claims of privilege without the knowledge of the members.
(c) Instruction. Upon request, any party against whom the members might draw an adverse inference from a claim of privilege is entitled to an instruction that no inference may be drawn therefrom except as provided in subdivision (a)(2).
Cross-referencesCited by 1
Cited by
Provisions elsewhere in the Manual whose text cites Rule 512. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 919(b) — Argument by counsel on findings
…not comment on the accused’s exercise of the right against self-incrimination or the right to counsel. See Mil. R. Evid. 512. Trial counsel may not argue that the prosecution’s evidence is unrebutted if the only rebuttal could come…