Can a jury draw any inference from a prosecution witness's refusal to testify under the Fifth Amendment?

"New York", United States of America

The following excerpt is from People v. Siegel, 640 N.Y.S.2d 831, 663 N.E.2d 872, 87 N.Y.2d 536 (N.Y. 1995):

Because a witness' decision to take the Fifth has no "real probative significance," neither the People nor the defendant should benefit from any unwarranted inferences that a jury might draw from it. Thus, Federal courts and other jurisdictions have held that jurors are not entitled to draw any inference from invocation of the privilege against self-incrimination, not even as to credibility (see, e.g., United States v. Nunez, 668 F.2d 1116, 1123 [defendant's request for charge that jury could consider prosecution witness' refusal to testify as to the witness' credibility was properly denied, since it is inappropriate for the jury to draw any inference]; Bell v. State, 614 So.2d 562, 564 [Fla] [court's denial of defense request for instruction that jury could draw adverse inference as to credibility from prosecution witness' invocation of Fifth Amendment was proper].

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