Jenkins v. Anderson
| Jenkins v. Anderson | |
|---|---|
 | |
| Argued January 8, 1980 Decided June 10, 1980 | |
| Full case name | Jenkins v. Anderson, Warden |
| Citations | 447 U.S. 231 (more) 100 S.Ct. 2124; 65 L. Ed. 2d 86; 1980 U.S. LEXIS 131 |
| Holding | |
| The Fifth Amendment is not violated by the use of prearrest silence to impeach a criminal defendant's credibility. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Powell, joined by Burger, White, Blackmun, Rehnquist |
| Concurrence | Stewart |
| Concurrence | Stevens |
| Dissent | Marshall, joined by Brennan |
Jenkins v. Anderson, 447 U.S. 231 (1980), is a United States Supreme Court case regarding the Fifth Amendment right against self-incrimination.
Holding
[edit]The Supreme Court held that a defendant's silence prior to a Miranda warning can be used by the prosecution to imply an admission. In Doyle v. Ohio, the Court held that silence after a Miranda warning cannot be used against the defendant to imply admission to guilt.
See also
[edit]- List of United States Supreme Court cases, volume 447
- Miranda v. Arizona, 384 U.S. 436 (1966)
- Summary of case from OYEZ
Further reading
[edit]- Brenman, L. (1981). "Jenkins v. Anderson: The Fifth Amendment Fails to Protect Prearrest Silence". Denver Law Journal. 59: 145. ISSN 0011-8834.
External links
[edit]- Text of Jenkins v. Anderson, 447 U.S. 231 (1980) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
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