Jenkins v. Anderson
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Background
Jenkins v. Anderson
Jenkins v. Anderson, 447 U.S. 231 (1980), is a United States Supreme Court case regarding the Fifth Amendment right against self-incrimination .
Contents
Holding
(https://en.wikipedia.org/w/index.php?title=Jenkins_v._Anderson&action=edit§ion=1 "Edit section: 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
(https://en.wikipedia.org/w/index.php?title=Jenkins_v._Anderson&action=edit§ion=2 "Edit section: See also")
_Miranda v. Arizona _, 384 U.S. 436 (1966)
Further reading
(https://en.wikipedia.org/w/index.php?title=Jenkins_v._Anderson&action=edit§ion=3 "Edit section: 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
(https://en.wikipedia.org/w/index.php?title=Jenkins_v._Anderson&action=edit§ion=4 "Edit section: External links")
- Text of Jenkins v. Anderson, 447 U.S. 231 (1980) is available from: CourtListener Findlaw Google Scholar Internet Archive (docket files) Justia Library of Congress Oyez (oral argument audio)
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