mckune
warden
et
al
lile
argued
november
decided
june
respondent
convicted
rape
related
crimes
years
scheduled
release
prison
officials
ordered
respondent
participate
sexual
abuse
treatment
program
satp
part
program
participating
inmates
required
complete
sign
admission
responsibility
form
accept
responsibility
crimes
sentenced
complete
sexual
history
form
detailing
prior
sexual
activities
regardless
whether
activities
constitute
uncharged
criminal
offenses
information
obtained
satp
participants
privileged
might
used
future
criminal
proceedings
evidence
however
incriminating
information
ever
disclosed
satp
officials
informed
respondent
refused
participate
satp
prison
privileges
reduced
resulting
automatic
curtailment
visitation
rights
earnings
work
opportunities
ability
send
money
family
canteen
expenditures
access
personal
television
privileges
also
transferred
potentially
dangerous
unit
respondent
refused
participate
satp
ground
required
disclosures
criminal
history
violate
fifth
amendment
privilege
compelled
brought
action
injunctive
relief
district
granted
summary
judgment
affirming
tenth
circuit
held
compelled
prohibited
fifth
amendment
established
penalties
constitute
deprivations
protected
liberty
interests
due
process
clause
ruled
automatic
reduction
respondent
prison
privileges
housing
accommodations
penalty
substantial
impact
declared
respondent
information
sufficiently
incriminating
admission
culpability
regarding
crime
conviction
create
risk
perjury
prosecution
concluded
although
satp
served
kansas
important
interests
rehabilitating
sex
offenders
promoting
public
safety
interests
served
without
violating
constitution
treating
inmate
admissions
privileged
granting
inmates
use
immunity
held
judgment
reversed
case
remanded
reversed
remanded
justice
kennedy
joined
chief
justice
justice
scalia
justice
thomas
concluded
satp
serves
vital
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purpose
offering
inmates
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incentives
participate
amount
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amendment
pp
satp
supported
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lasts
months
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substantial
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counseling
helps
inmates
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addiction
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thoughts
feelings
behavior
dynamics
precede
offenses
develop
relapse
prevention
skills
pp
mere
fact
kansas
offer
legal
immunity
prosecution
based
statements
made
course
satp
render
program
invalid
inmate
ever
charged
prosecuted
offense
based
information
contention
program
mere
subterfuge
conduct
criminal
investigation
rather
refusal
offer
use
immunity
serves
two
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state
interests
potential
additional
punishment
reinforces
gravity
participants
offenses
thereby
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rehabilitation
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confirms
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interest
deterrence
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open
option
prosecute
particularly
dangerous
sex
offender
pp
satp
consequences
nonparticipation
combine
create
compulsion
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constitutional
right
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pp
prison
context
important
weighing
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claim
broad
range
choices
might
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constitutional
rights
free
society
fall
within
expected
conditions
confinement
lawfully
convicted
limitation
prisoners
privileges
rights
also
follows
need
grant
necessary
authority
capacity
officials
administer
prisons
see
turner
safley
holding
sandin
conner
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prison
conditions
give
rise
due
process
violation
unless
constitute
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hardship
inmates
relation
ordinary
incidents
prison
life
may
provide
precise
parallel
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whether
compelled
provide
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instruction
prison
clinical
rehabilitation
program
acknowledged
bear
rational
relation
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penological
objective
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privilege
compelled
adverse
consequences
inmate
faces
participating
related
program
objectives
constitute
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hardships
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ordinary
incidents
prison
life
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palmigiano
pp
respondent
decision
participate
satp
extend
prison
term
affect
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instead
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transfer
unit
program
conducted
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desirable
unit
transfer
however
intended
punish
prisoners
exercising
fifth
amendment
rights
rather
incidental
legitimate
penological
reason
due
limited
space
inmates
participate
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programs
must
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facility
programs
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make
room
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decision
house
inmates
core
prison
administrators
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fano
respondent
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complains
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tool
prison
administration
however
authority
offer
inmates
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incentives
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officials
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helms
respondent
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case
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denial
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prison
privileges
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participate
rehabilitation
program
amounts
unconstitutional
compulsion
instead
relies
penalty
cases
see
spevack
klein
involved
free
citizens
given
choice
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amendment
privilege
sustaining
economic
livelihood
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cases
involve
legitimate
rehabilitative
programs
conducted
within
prison
walls
easily
extended
prison
context
inmates
surrender
rights
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livelihood
contract
freely
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pp
determining
constitutes
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compulsion
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judgment
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whether
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administrators
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pp
prison
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choice
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less
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exercising
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amendment
privilege
denial
certain
perquisites
make
life
prison
tolerable
much
less
borne
defendant
mcgautha
california
upheld
procedure
allowed
statements
made
criminal
defendant
mitigate
responsibility
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death
penalty
used
evidence
guilt
hard
choices
faced
defendants
baxter
palmigiano
supra
ohio
adult
parole
authority
woodard
minnesota
murphy
illustrate
consequences
respondent
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amount
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compulsion
respondent
attempt
distinguish
latter
cases
dual
grounds
penalty
followed
automatically
decision
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participation
satp
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justify
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precedents
pp
respondent
position
prevail
serious
doubt
constitutionality
federal
sex
offender
treatment
program
comparable
kansas
program
respondent
mistaken
well
concentrate
distinction
illusory
baseline
change
prison
conditions
must
measured
finally
respondent
analysis
call
question
constitutionality
accepted
feature
federal
criminal
law
downward
adjustment
sentence
acceptance
criminal
responsibility
pp
justice
acknowledged
divided
appropriate
standard
evaluating
compulsion
purposes
fifth
amendment
privilege
prison
setting
concluded
need
resolve
dilemma
case
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respondent
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abuse
treatment
program
satp
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reasonable
test
fifth
amendment
text
prohibit
penalties
levied
response
person
refusal
incriminate
prohibits
compulsion
testimony
penalty
cases
establish
potential
loss
one
livelihood
loss
employment
uniformed
sanitation
men
commissioner
sanitation
city
new
york
loss
right
participate
political
associations
hold
public
office
lefkowitz
cunningham
capable
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incriminating
testimony
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far
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safety
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security
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proof
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prison
disciplinary
violations
make
coercive
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plurality
failure
set
forth
comprehensive
theory
fifth
amendment
privilege
troubling
determination
decision
reversed
correct
pp
kennedy
announced
judgment
delivered
opinion
rehnquist
scalia
thomas
joined
filed
opinion
concurring
judgment
stevens
filed
dissenting
opinion
souter
ginsburg
breyer
joined
david
mckune
warden
et
petitioners
robert
lile
writ
certiorari
appeals
tenth
circuit
june
justice
kennedy
announced
judgment
delivered
opinion
chief
justice
justice
scalia
justice
thomas
join
respondent
robert
lile
convicted
sex
offender
custody
kansas
department
corrections
department
years
respondent
scheduled
reenter
society
department
officials
recommended
enter
prison
treatment
program
rape
upon
release
appears
difference
opinion
among
experts
field
kansas
officials
officials
administer
prison
system
made
determination
considerable
importance
program
participant
admit
committed
crime
treated
past
offenses
first
many
ways
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step
kansas
rehabilitation
program
thus
requires
participant
confront
past
crimes
begin
understand
motivations
weaknesses
initial
step
difficult
one
kansas
offers
sex
offenders
incentives
participate
program
respondent
contends
incentive
system
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fifth
amendment
privilege
kansas
rehabilitation
program
however
serves
vital
penological
purpose
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inmates
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amount
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amendment
respondent
lured
high
school
student
car
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home
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forced
victim
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drove
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raped
sexual
assault
victim
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school
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person
weapon
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state
lile
although
respondent
maintained
sexual
intercourse
consensual
jury
convicted
rape
aggravated
sodomy
aggravated
kidnaping
kansas
federal
district
concluded
evidence
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supp
years
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prison
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participate
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form
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inmates
also
required
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sexual
history
form
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prior
sexual
activities
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whether
activities
constitute
uncharged
criminal
offenses
polygraph
examination
used
verify
accuracy
completeness
offender
sexual
history
information
obtained
participants
advances
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rehabilitative
goals
information
privileged
kansas
leaves
open
possibility
new
evidence
might
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offenders
future
criminal
proceedings
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kansas
law
requires
satp
staff
report
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offenses
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minors
law
enforcement
authorities
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officials
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amendment
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different
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unit
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discovery
district
district
kansas
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summary
judgment
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amendment
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tenth
circuit
affirmed
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established
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kansas
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offenders
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constitution
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treating
admissions
inmates
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communications
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inmates
use
immunity
granted
warden
petition
certiorari
appeals
held
important
kansas
prison
regulation
violates
federal
constitution
ii
sex
offenders
serious
threat
nation
estimated
rapes
sexual
assaults
occurred
nationwide
dept
justice
bureau
justice
statistics
sex
offenses
offenders
hereinafter
sex
offenses
dept
justice
federal
bureau
investigation
crime
uniform
crime
reports
population
imprisoned
sex
offenders
increased
faster
rate
category
violent
crime
see
sex
offenses
present
case
victims
sexual
assault
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juveniles
instance
majority
reported
forcible
sexual
offenses
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persons
years
age
university
new
hampshire
crimes
children
research
center
fact
sheet
sex
offenses
nearly
imprisoned
violent
sex
offenders
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victims
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sex
offenders
reenter
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offender
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offenses
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justice
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justice
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sex
offenders
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offenders
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impulses
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recidivism
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dept
justice
nat
institute
corrections
practitioner
guide
treating
incarcerated
male
sex
offender
xiii
rate
recidivism
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sex
offenders
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rate
recidivism
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depend
offenders
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minimization
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sex
offenders
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outcome
forum
corrections
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research
indicates
offenders
deny
allegations
sexual
abuse
three
times
likely
fail
treatment
admit
even
partial
complicity
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maletzky
mcgovern
treating
sexual
offender
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step
kansas
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abuse
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offenses
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participants
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second
kansas
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prosecute
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option
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sex
offender
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curiae
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alone
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offer
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bureau
prisons
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sex
offender
programs
offer
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participants
see
ainsworth
risley
describing
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hampshire
program
mere
fact
kansas
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outset
whether
prison
administrators
offer
immunity
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constitutional
inquiry
altogether
state
kansas
offered
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see
kastigar
brown
walker
state
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offer
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whether
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program
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incriminate
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amendment
clause
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amendment
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hogan
provides
person
shall
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prisoners
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door
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system
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quotation
marks
omitted
broad
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infringe
constitutional
rights
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society
fall
within
expected
conditions
confinement
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lawful
conviction
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rehabilitation
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inmate
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shabazz
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offenders
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objective
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custody
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prison
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state
may
validly
insist
answers
even
incriminating
questions
long
recognizes
required
answers
may
used
criminal
proceeding
thus
eliminates
threat
incrimination
baxter
state
desired
palmigiano
testimony
fifth
amendment
objection
assume
extended
whatever
use
immunity
required
federal
constitution
petitioners
provided
evidence
program
therapeutic
aims
served
equally
well
granting
use
immunity
participants
still
obtain
therapeutic
benefits
accepting
responsibility
admitting
past
misconduct
simply
incriminate
process
least
one
state
already
offers
protection
see
rev
stat
ann
communications
made
application
course
sexual
offender
diagnosis
treatment
shall
privileged
disclosure
civil
criminal
proceeding
indication
choice
incompatible
rehabilitation
fact
program
rehabilitative
goals
likely
furthered
ensuring
free
open
discussion
without
threat
prosecution
looming
participants
therapy
sessions
plurality
contends
requiring
immunity
undermine
therapeutic
goals
program
inmates
know
society
punish
past
offenses
may
left
false
impression
society
consider
crimes
serious
ones
ante
see
also
brief
amici
curiae
subjecting
offenders
prosecution
newly
revealed
offenses
adhering
chosen
policy
mandatory
reporting
cases
suspected
child
sexual
abuse
kansas
reinforces
sensible
notion
wrongdoing
carries
consequences
idea
inmate
confined
prison
almost
years
offense
left
impression
crimes
serious
wrongdoing
carry
consequences
absurd
moreover
argument
starts
false
premise
granting
use
immunity
preclude
prosecution
merely
prevents
state
using
inmate
words
fruits
thereof
subsequent
prosecution
new
jersey
portash
plurality
concern
might
justified
state
required
grant
transactional
immunity
made
clear
since
kastigar
use
immunity
sufficient
alleviate
potential
fifth
amendment
violation
state
required
grant
use
immunity
order
sex
offender
treatment
program
involves
admission
responsibility
alternatively
state
continue
pursue
rehabilitative
goals
without
violating
participants
fifth
amendment
rights
offering
inmates
voluntary
program
points
inmate
participation
sexual
offender
treatment
program
operated
federal
bureau
prisons
entirely
voluntary
loss
institutional
privileges
flows
inmate
decision
participate
program
inmate
chooses
participate
federal
program
transferred
parent
facility
desirable
prison
refuses
participate
first
place
respondent
attempted
suffers
negative
consequences
tr
oral
arg
although
inmates
federal
program
granted
use
immunity
compelled
participate
indeed
reason
believe
successful
rehabilitation
likely
voluntary
participants
compelled
accept
treatment
see
abel
mittelman
becker
rathner
rouleau
predicting
child
molesters
response
treatment
annals
acad
sciences
finding
greater
perceived
pressure
participate
treatment
strongly
correlated
dropout
rate
treatment
program
kansas
seeks
achieve
admirable
goal
reducing
recidivism
among
sex
offenders
process
however
state
demands
impermissible
unwarranted
sacrifice
participants
matter
goal
inmates
compelled
forfeit
privilege
simply
ends
legitimate
convicted
sex
offenses
particularly
case
like
one
respondent
protested
innocence
along
compelled
confess
crime
still
insists
commit
ask
one
rare
cases
jury
made
mistake
actually
innocent
answering
question
consider
even
members
star
chamber
thought
pursuing
righteous
ends
respectfully
dissent
footnotes
participant
sexual
abuse
treatment
program
satp
respondent
required
sign
admission
responsibility
form
setting
forth
details
offense
convicted
testified
trial
sexual
intercourse
victim
driving
back
car
consensual
district
found
written
admission
form
subject
respondent
possible
charge
perjury
supp
addition
satp
requires
participants
generate
written
sexual
history
includes
prior
sexual
activities
regardless
whether
activities
constitute
uncharged
criminal
offenses
district
found
form
clearly
seeks
information
incriminate
prisoner
subject
criminal
charges
petitioners
relied
two
cases
fisher
washington
fisher
held
privilege
permit
target
criminal
investigation
prevent
lawyer
answering
subpoena
produce
incriminating
documents
reached
conclusion
person
asserting
privilege
one
compelled
washington
cited
ante
grand
jury
witness
voluntarily
answered
questions
advised
privilege
though
fact
potential
defendant
danger
indicted
neither
case
witness
assert
privilege
incriminating
origins
evolution
privilege
received
significant
scholarly
attention
debate
recent
years
see
hazlett
nineteenth
century
origins
fifth
amendment
privilege
legal
hist
amar
lettow
fifth
amendment
first
principles
clause
rev
historical
account
complicated
fact
boyd
privilege
treated
evidentiary
doctrine
separate
fifth
amendment
time
privilege
also
subsumed
within
general
discussions
voluntariness
confessions
alschuler
peculiar
privilege
historical
perspective
privilege
helmholz
et
al
eds
discussing
historical
sources
indicate
privilege
prohibited
incriminating
interrogation
oath
torture
probably
forms
coercive
interrogation
threats
future
punishment
promises
leniency
footnotes
omitted
see
meachum
fano
stevens
dissenting
opinion
companion
case
montanye
haymes
justice
white
reiterated
point
long
conditions
degree
confinement
prisoner
subjected
within
sentence
imposed
upon
otherwise
violative
constitution
due
process
clause
subject
inmate
treatment
prison
authorities
judicial
oversight
plurality
quite
wrong
rely
murphy
proposition
individual
compelled
incriminate
faced
threat
return
prison
ante
murphy
occasion
decide
whether
threat
constituted
compulsion
held
since
murphy
revealed
incriminating
information
instead
timely
asserting
fifth
amendment
privilege
disclosures
compelled
incriminations
explained
witness
confronted
questions
government
reasonably
expect
elicit
incriminating
evidence
ordinarily
must
assert
privilege
rather
answer
desires
incriminate
chooses
answer
choice
considered
voluntary
since
free
claim
privilege
suffer
penalty
result
decision
contrast
murphy
respondent
consistently
asserted
fifth
amendment
privilege
impp
provides
inmate
shall
automatically
reduced
level
following
termination
work
program
assignment
cause
refusal
participate
recommended
programs
time
placement
offenses
committed
felony
charge
filed
district
county
prosecutor
disciplinary
convictions
theft
condition
drunkenness
intoxication
state
altered
consciousness
use
stimulants
sedatives
unauthorized
drugs
narcotics
misuse
hoarding
authorized
prescribed
medication
sodomy
aggravated
sodomy
aggravated
sexual
act
riot
incitement
riot
arson
assault
battery
inmate
activity
limitations
sexual
activity
interference
restraints
relationships
staff
work
performance
dangerous
contraband
app
citations
omitted
respondent
attested
fact
experience
maximum
security
hostile
intimidating
environment
inmates
maximum
tend
longer
sentences
convicted
serious
crimes
consequence
care
less
act
treat
others
explained
unit
far
gang
activity
reported
unreported
rapes
assaults
inmates
far
prevalent
sex
offenders
seen
targets
rape
physical
mental
assault
whereas
medium
security
inmates
want
maintain
medium
security
status
less
prone
breaking
prison
rules
acting
violently
plurality
quotes
roberts
proposition
principled
distinction
drawn
enhancing
punishment
denying
leniency
ante
quote
misleading
minnesota
murphy
see
supra
roberts
failed
assert
privilege
reiterated
privilege
furthermore
passage
quoted
plurality
id
reference
roberts
claim
sentencing
judge
consider
refusal
incriminate
deciding
whether
impose
sentences
consecutively
context
privilege
implicated
compulsion
constitutionally
significant
true
cases
line
enhancing
punishment
refusing
leniency
may
difficult
draw
mean
distinction
irrelevant
fifth
amendment
purposes
curious
plurality
asserts
impracticality
drawing
distinction
given
case
majority
agrees
perfectly
clear
consequences
facing
respondent
represent
burden
rather
denial
benefit
ante
concurring
judgment
cases
reveal
possible
necessary
draw
distinction
even
bordenkircher
hayes
conditioned
entire
analysis
plea
bargaining
assumption
defendant
charged
greater
offense
prior
plea
bargaining
therefore
faced
denial
leniency
rather
enhanced
penalty
prosecutor
actually
obtain
recidivist
indictment
plea
conferences
ended
intention
clearly
expressed
outset
plea
negotiations
situation
therefore
prosecutor
without
notice
brought
additional
serious
charge
plea
negotiations
relating
original
indictment
ended
defendant
insistence
pleading
guilty
practical
matter
short
case
different
grand
jury
indicted
defendant
recidivist
outset
prosecutor
offered
drop
charge
part
plea
bargain
justice
distinguish
cases
penalty
involved
loss
one
livelihood
whereas
respondent
housed
clothed
fed
regardless
whether
maximum
medium
security
rejected
similar
argument
turley
refused
distinguish
garder
broderick
uniformed
sanitation
men
commissioner
sanitation
city
new
york
based
difference
losing
one
job
losing
ability
obtain
government
contracts
concluded
difference
constitutional
magnitude
threat
job
loss
employee
state
threat
loss
contracts
contractor
ibid
brief
amicus
curiae
material
difference
kansas
federal
programs
recognizing
compulsion
case
cast
doubt
validity
voluntary
programs
plurality
asserts
federal
program
different
kansas
satp
require
inmates
sacrifice
privileges
besides
housing
consequence
nonparticipation
ante
emphasis
added
statement
inaccurate
quote
text
reveals
loss
privileges
follows
decision
participate
federal
program