Return to Return to Non-CALJIC Evidentiary – Contents
F 2.016 n1 When Prosecution Asserts Privilege Of Non-Disclosure: Admonition Required (EC 1040).
When the court sustains the prosecution’s assertion of the privilege of non-disclosure of confidential information (EC 1040) the court is required per EC 1042(a) to “make such order or finding of fact adverse to [the prosecution] upon any issue … to which the privileged information is material.” Hence, if the privileged information relates to benefits received by a prosecution witness, the jury must be admonished that the witness has received such benefits. (People v. Roberts (92) 2 C4th 271, 302 [6 CR2d 276].)