In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Ex Input:
Supreme Court rejected Cook’s claim of error on direct appeal, finding that the prosecutor’s comments were not directed at Cook’s decision not to testify, and that the comment about the videotape was invited by Cook’s cross-examination and argument. Cook, 821 P.2d at 741-43. The district court agreed that the comments were either comments on the state of the evidence or invited by Cook’s arguments and cross-examination. In addition, the district court found that, if there was error, it was harmless under Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). Comment on the refusal to testify at trial violates a defendant’s Fifth Amendment right against self-incrimination. See Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (<HOLDING>). Also, a prosecutor’s comment on a defendant’s 
 Holding statements: (A) recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify (B) holding that it is improper for prosecutor to comment on accuseds postarrest silence (C) holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation (D) holding fifth amendment prohibits comment on accuseds testimonial silence (E) holding that the fifth amendment  forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt

Ex Output:
recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify


Ex Input:
State v. Gill, 47 N.J. 441, 444, 221 A.2d 521 (1966))); Twp. of Pennsauken v. Schad, 160 N.J. 156, 170, 733 A.2d 1159 (1999). Our construction of N.J.S.A 39:4-88(b) is thus consonant with established principles of statutory construction. | IV. Applying statutes that are identical or very similar to the statute before the Court, courts of other states have reached varying conclusions. Several decisions have construed analogous statutes to describe two offenses, as this Court construes N.J.S.A 39:4-88(b). See People v. Butler, 81 Cal.App.3d Supp. 6, 146 Cal.Rptr. 856, 857 (Cal.Ct.App.1978) (construing Cal. Veh.Code § 21658 to state “two affirmative duties placed upon the operator of a motor vehicle”); People v. Smith, 172 Ill.2d 289, 216 Ill.Dec. 658, 665 N.E.2d 1215, 1218 (1996) (<HOLDING>); State v. Marx, 289 Kan. 657, 215 P.3d 601, 
 Holding statements: (A) holding that congress envisioned two separate petitions filed to review two separate final orders (B) holding that plain language of 625 ill comp stat ann 511709 establishes two separate requirements for lane usage (C) holding when ordinance language is clear courts must give language its plain meaning (D) holding that in context of motion for reconsideration or to reopen congress envisioned two separate timely petitions for review of two separate final orders (E) holding that the evidence supported two separate convictions and punishments for two attempted robberies of two different victims who suffered separate and distinct harms

Ex Output:
holding that congress envisioned two separate petitions filed to review two separate final orders


Ex Input:
from imprisonment — from government custody, detention, or other forms of physical restraint — lies at the heart of the liberty that Clause protects.... The civil confinement here at issue is not limited, but potentially permanent. Zadvydas, 533 U.S. at 690-91, 121 S.Ct. 2491 (citations omitted). The Court continued that “[a] statute permitting indefinite detention of an alien would raise a serious constitutional problem.” Id. at 690, 121 S.Ct. 2491. Following this rationale, no less of a problem arises if indefinite detention were caused by the inability to pay a bond. Indeed, the language of Zadvydas compels the conclusion that the bond must be low enough that the immigrant is able to meet it. See also Williams v. Illinois, 399 U.S. 235, 243, 90 S.Ct. 2018, 26 L.Ed.2d 586 (1970) (<HOLDING>). “[T]he alien’s release [post-removal-order] 
 Holding statements: (A) holding that forfeiture of 357144 in currency was excessive where the maximum statutory fine was 250000 and the maximum fine under the sentencing guidelines was 5000 (B) holding that state may not revoke probation for nonpayment of fine where probationer is unable to pay through no fault of his own (C) holding that state may not imprison indigent defendant solely for inability to pay fine (D) holding that state may not subject indigent defendants to period of imprisonment beyond statutory maximum (E) holding in a case where the maximum time of imprisonment was extended because an indigent defendant was unable to pay a fine and court costs that a state may not constitutionally imprison beyond the maximum duration fixed by statute a defendant who is financially unable to pay a fine

Ex Output:

holding that forfeiture of 357144 in currency was excessive where the maximum statutory fine was 250000 and the maximum fine under the sentencing guidelines was 5000