Jenkins v. Anderson

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Jenkins v. Anderson
Seal of the United States Supreme Court.svg
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
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]

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.