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Jenkins v. Anderson

Jenkins v. Anderson
Seal of the United States Supreme Court.svg
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
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
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.

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.


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Wikipedia

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