Right of self incrimination violated

STATE v. RENNAKER DA 06-0105 2007 MT 10 1/23/2007

This Court held that a district court is prohibited from “augmenting a defendant’s sentence because he refuses to confess to a crime or invokes his privilege against self-incrimination.” Imlay, 249 Mont. at 91, 813 P.2d at 985.We noted that a district court can consider lack of remorse as a basis for a sentence, but cannot punish a defendant for refusal to admit guilt. Shreves, ¶ 19 Here, the District Court did not tie its finding of lack of remorse to any specific evidence or statements made by Rennaker. Rather, it violated Rennaker’s right against self-incrimination when, based on Rennaker’s silence, it drew a negative inference of lack of remorse.