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
- Brenman, L. (1981). "Jenkins v. Anderson: The Fifth Amendment Fails to Protect Prearrest Silence". Denver Law Journal. 59: 145. ISSN 0011-8834.
External links
- Text of Jenkins v. Anderson, 447 U.S. 231 (1980) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
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