The fifth amendment, in its direct application to the federal government and its bearing on the states by reason of the fourteenth amendment, forbids either comment by the prosecution on the accused's silence or instructions by the court that such silence is evidence of guilt.
Griffin v. State of California, 85 Sup. Ct. 1229 (1965)
Constitutional Law - Self Incrimination,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol4/iss1/17