Mitchell v. United States

Two questions relating to a criminal defendant’s Fifth Amendment privilege against self-incrimination are presented to us. The first is whether, in the federal criminal system, a guilty plea waives the privilege in the sentencing phase of the case, either as a result of the colloquy preceding the plea or by operation of law when the plea is entered. We hold the plea is not a waiver of the privilege at sentencing. The second question is whether, in determining facts *317about the crime which bear upon the severity of the sentence, a trial court may draw an adverse inference from the defendant’s…