Under Florida law, commenting on a person's silence is generally prohibited; under Federal law, commenting on silence is generally allowed. Which statement best reflects this?

• A. Florida prohibits commenting on a person's silence; Federal law allows commenting on silence.
• B. Florida prohibits commenting on a person's silence; Federal law prohibits commenting on silence.
• C. Florida allows commenting on a person's silence; Federal law allows commenting on silence.
• D. Both parts are false: Florida allows; Federal prohibits.

Answer: (A)

This item tests how state and federal rules treat comments about silence in criminal proceedings. In Florida, the rule is to minimize or prohibit remarks about a person’s silence to prevent prejudice and protect the defendant’s rights. The idea is that drawing attention to someone’s decision not to speak can unfairly sway the jury, so Florida practice tends to bar such commentary.

At the federal level, the approach is more permissive in many contexts, allowing commentary on silence under certain circumstances while still guarding against improper prejudice or coercion. This creates a contrast: Florida generally blocks these remarks, whereas federal practice allows them more readily.

So the statement that best fits this contrast is that Florida prohibits commenting on a person’s silence, while federal law allows it.