Jenkins v. Anderson
Argued January 8, 1980
Decided June 10, 1980
Full case nameJenkins v. Anderson, Warden
Citations447 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
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinions
MajorityPowell, joined by Burger, White, Blackmun, Rehnquist
ConcurrenceStewart
ConcurrenceStevens
DissentMarshall, 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

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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