April 29, 2019, 5:14 pm
Finding the disclosures provide information that any law enforcement agent “would love to have,” the 7th Circuit Court of Appeals has ruled Indiana’s requirement that sex offender inmates give detailed accounts of their past actions violates the Constitution’s protections against self-incrimination.
The 7th Circuit found the INSOMM workbooks asked for detailed and specific information. Offenders are required to reveal the names and ages of their victims, what parts of the body were touched, where and when the abuse occurred, and how the victims were selected and groomed.
Based on their answers, the offenders may then be given a polygraph examination. There, they will be asked such things as how many children they have molested and how many times they made child pornography.
Indiana’s contention that the answers are so general they are not able to be used in an investigation or count as an admission at trial did not convince the circuit panel.
“Saying so does not make it so,” Chief Judge Diane Wood wrote for the court. “This ipse dixit does not explain why granular descriptions of the circumstances surrounding specific sex crimes and patterns of criminal sexual behavior would prove useless to investigators or prosecutors. … The questions posed to an INSOMM participant would yield answers that any competent sex-crimes investigator or prosecutor would love to have.”
Citing McKune v. Lile, 536 U.S. 24 (2002), the 7th Circuit ruled Indiana’s denial of good-time credit as a means of inducing offenders to furnish information is an impermissible compulsion to self-incriminate.
The post 7th Circuit rules DOC sex offender program violates Constitution appeared first on Florida Action Committee.
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