Jenkins v. Anderson
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Jenkins v. Anderson | |||||
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Argued January 8, 1980 Decided June 10, 1980 |
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Full case name | Jenkins v. Anderson, Warden | ||||
Citations | 447 U.S. 231 (more)
100 S.Ct. 2124; 65 L.Ed. 2d 86
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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
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