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
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

Further reading

This article is issued from Wikipedia - version of the Friday, January 30, 2015. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.