In the sentencing phase of a capital trial, where the defendant exercises his right to remain silent and to plead not guilty, does the Fifth Amendment prohibit the prosecution and the sentencing court from drawing adverse inferences about a defendant's lack of remorse or acceptance of responsibility from his silence?

Petitioner Christopher Henderson, and his co-defendant, Rhonda Carlson, were both charged with capital murder in this case, but only Mr. Henderson was sentenced to death. Ms. Carlson agreed to testify for the State in exchange for a sentence of life without parole. Yet, other than Ms. Carlson’s self-serving testimony, there was no evidence that showed Mr. Henderson was more culpable or more deserving of death. In order to persuade jurors that Mr. Henderson should be sentenced to death, even though Ms. Carlson was not, the prosecution relied on the fact that Mr. Henderson had invoked his right to remain silent, while Ms. Carlson had accepted responsibility. Under these circumstances, and where the prosecution was unable to secure a unanimous death verdict, the question presented is: In the sentencing phase of a capital trial, where the defendant exercises his right to remain silent and to plead not guilty, does the Fifth Amendment prohibit the prosecution and the sentencing court from drawing adverse inferences about a defendant’s lack of remorse or acceptance of responsibility from his silence? i