NCJ Number
198921
Journal
Sex Offender Law Report Volume: 3 Issue: 5 Dated: August/September 2002 Pages: 67-80
Editor(s)
Douglas D. Koski J.D.
Date Published
August 2002
Length
2 pages
Annotation
This article reviews a U.S. Supreme Court decision regarding the Kansas Sexual Abuse Treatment Program’s requirement of inmates to admit responsibility for their crimes and disclose their criminal history, and the requirement’s potential violation of an inmate’s Fifth Amendment rights.
Abstract
In 2002, a Kansas inmate (Lile) convicted of rape, aggravated sodomy, and aggravated kidnapping was ordered by the Kansas Department of Corrections to participate in a mandatory 18-month Sexual Abuse Treatment Program (SATP) prior to his scheduled release. A requirement of the program is for the inmate to admit guilt for the crime for which they have been sentenced, as well as disclosures of criminal history. The Kansas inmate refused participation in the program on the grounds that the required disclosure of criminal history violated his Fifth Amendment right against compelled self-incrimination. Lile filed action under the Federal civil rights statute prohibiting officials from depriving a plaintiff of rights secured under the U.S. Constitution. However, the U.S. Supreme Court held that Kansas’ SATP served a vital penological purpose and by offering minimal incentives for participation did not amount to “compelled” self-incrimination prohibited by the Fifth Amendment. The Fifth Amendment prohibits only compelled incriminating testimony. Hence, the majority of the Supreme Court Justices reversed the lower court judgment and remanded the case, McKune v. Lile for further proceedings.