Which statement best describes the difference between Florida and Federal treatment of silence?

• A. Florida prohibits; Federal allows
• B. Florida allows; Federal prohibits
• C. Both prohibit
• D. Both allow

Answer: (A)

The concept being tested is how silence is treated differently in state versus federal prosecutions. In Florida, a defendant’s silence during police questioning is generally protected and cannot be used to imply guilt—the state cannot draw a negative inference from that silence, and prosecutors are limited in commenting on it. The federal approach, historically, has allowed more latitude for using silence as part of the evidence or inference in some contexts, though federal law also imposes limits in other situations (notably after Miranda warnings, where post-MIRANDA silence can’t be used to impeach a defendant). So, the idea is that Florida’s treatment tends to prohibit using silence as evidence of guilt, while the federal framework has allowed it in certain contexts, which is why that choice best captures the contrast.