Is it permissible to comment on a defendant's silence after receiving Miranda warnings?

The correct answer is that it is inadmissible to comment on a defendant's silence after receiving Miranda warnings. When the police provide a suspect with Miranda warnings, they inform the individual of their rights, including the right to remain silent. The Fifth Amendment protects individuals from self-incrimination, and part of this protection includes the right not to testify against oneself, which inherently covers the right to remain silent during interrogation.

If a prosecutor comments on a defendant's silence after the defendant has been Mirandized, it can be seen as a violation of the defendant's right against self-incrimination. Such comments could lead a jury to improperly infer guilt based on the defendant's decision not to speak, essentially penalizing the defendant for exercising their rights. This principle has been reinforced in various case law, where courts have emphasized that commenting on a defendant's silence undermines the integrity of the legal process and the constitutional protections in place.

The other options suggest circumstances under which comment on silence might be appropriate, but these do not align with the well-established legal precedent that prohibits introducing such comments to avoid influencing a jury's perception based on a defendant’s exercise of their right to remain silent.