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[]
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.
External links[]
- 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)
Categories:
- United States Supreme Court cases
- United States Supreme Court cases of the Burger Court
- United States Fifth Amendment self-incrimination case law
- 1980 in United States case law
- United States Supreme Court stubs