Convicted Sex Offender Can Be Penalized For Not Confessing

2002

In McKune v. Lile, the U.S. Supreme Court decides that the state of Kansas can penalize a prisoner who refuses to confess to crimes for which he had been sentenced. Prison officials had ordered the prisoner to participate in the Sexual Abuse Treatment Program, which required the prisoner to admit to the crimes for which he had been sentenced and provide a comprehensive sexual history that could potentially reveal uncharged offenses. If the prisoner failed to participate, prison officials threatened to diminish his privileges and transfer him to a more dangerous maximum-security unit. The prisoner refused, invoking his Fifth Amendment right against self-incrimination. The justices rule the treatment program does not violate the right against self-incrimination.