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
|The Fifth Amendment is not violated by the use of prearrest silence to impeach a criminal defendant's credibility.|
|Majority||Powell, joined by Burger, White, Blackmun, Rehnquist|
|Dissent||Marshall, joined by Brennan|
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.
- 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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