Does Defendant have a claim that the prosecution reduced the burden of proving a defendant's guilt by failing to instruct the jury that refusal was insufficient to establish guilt?

California, United States of America

The following excerpt is from People v. Nieves, 11 Cal.5th 404, 278 Cal.Rptr.3d 40, 485 P.3d 457 (Cal. 2021):

Defendant argues the trial court erred by failing to instruct the jury that her refusal was insufficient to establish guilt, and that this had the effect of lessening the prosecution's burden. Defendant forfeited this claim by failing to request a clarifying instruction at trial ( People v. Guerra (2006) 37 Cal.4th 1067, 1134, 40 Cal.Rptr.3d 118, 129 P.3d 321 ), but it would nonetheless fail on the merits. The trial court properly instructed the jury

[278 Cal.Rptr.3d 76]

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