Jenkins v. Anderson explained

Litigants:Jenkins v. Anderson
Arguedate:January 8
Argueyear:1980
Decidedate:June 10
Decideyear:1980
Fullname:Jenkins v. Anderson, Warden
Usvol:447
Uspage:231
Parallelcitations: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.
Majority:Powell
Joinmajority:Burger, White, Blackmun, Rehnquist
Concurrence:Stewart
Concurrence2:Stevens
Dissent:Marshall
Joindissent: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