Jenkins v. Anderson

{{Use mdy dates|date=September 2023}}

{{Infobox SCOTUS case

| 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

| Prior =

| Subsequent =

| 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

| LawsApplied =

}}

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

  • {{cite journal |last=Brenman |first=L. |year=1981 |title=Jenkins v. Anderson: The Fifth Amendment Fails to Protect Prearrest Silence |journal=Denver Law Journal |volume=59 |pages=145 |issn=0011-8834 }}