Can a defendant be punished for exercising his right to remain silent during the sentencing phase of a criminal prosecution?

The fifth amendment applies to the sentencing phase of a criminal prosecution. Estelle v. Smith, 451 U.S. 454 (1981). The sentencing judge cannot punish the defendant for exercising his right to remain silent. If, however, the election to exercise this right leaves unrebutted, certain reasonable inferences from the record, the court, at the time of sentencing, is not required to ignore those reasonable inferences. The question turns on the reasonableness of the inferences, the presence of notice and the opportunity to be heard. The failure to rebut through the exercise of the right to remain silent is not a relevant factor.