Jenkins v. Anderson
| Jenkins v. Anderson | |||||||
|---|---|---|---|---|---|---|---|
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| Argued January 8, 1980 Decided June 10, 1980 | |||||||
| Full case name | Jenkins v. Anderson, Warden | ||||||
| Citations |
100 S.Ct. 2124; 65 L.Ed. 2d 86 | ||||||
| Holding | |||||||
| The Fifth Amendment is not violated by the use of prearrest silence to impeach a criminal defendant's credibility. | |||||||
| Court membership | |||||||
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| 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
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
- List of United States Supreme Court cases, volume 447
- Miranda v. Arizona, 384 U.S. 436 (1966)
- Summary of case from OYEZ
Further reading
- Brenman, L. (1981). "Jenkins v. Anderson: The Fifth Amendment Fails to Protect Prearrest Silence". Denver Law Journal. 59: 145. ISSN 0011-8834.
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