Commonwealth v. Syvol Bowen 2009 PA Super 94 (5/21/2009)

Topic: Sentencing – Fifth Amendment Right to Remain Silent

Summary: A sentencing court may not use a defendant’s silence as its sole reason for enhancing a sentence. Additionally, a sentencing court may not use a defendant’s silence at a sentencing hearing as a proof that the defendant does not take responsibility for the offense.

http://www.pacourts.us/OpPosting/Superior/out/a04028_08.pdf