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IN: Justices reject Fifth Amendment appeal of sex offender treatment

[theindianalawyer.com – 10/31/19]

The Indiana Supreme Court has found no constitutional violation against a father who refused to participate in a sex offender treatment program that he argued would violate his Fifth Amendment right against self-incrimination.

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  1. Derek W. Logue of OnceFallen.com

    It seems fitting that I read this as INJUSTICES reject 5th Amendment appeal…

    • Tim in WI

      Derek,
      Definitely inconsistent with SCOTUS acknowledged ” the right to remain silent is wbsolute. ”
      Unless it’s your own children being taken in Indiana. The nanny state in full benevolent effect. The Father here knows everything he says can be used against him and WILL be used against him.

  2. Bill

    I don’t know why polygraphs are still in use today.

    The courts reject them in case hearings because they are unreliable.

    American Psychological Association considers polygraphs junk science.

    Polygraph machines cannot “detect” lies only monitor heart, breathing, and perspiration. Reading them is more art than science.

    Yet they are still in use under the guise of therapy and to determine a specific offender’s fate.

    They should be banned outright.

  3. Bo

    People really ought to do their legal research. You can’t refuse the polygraph and you can only assert a 5th amendment right where one applies. Go to your public law library, 27 A.L.R.7th Art. 8 read it…

    • R M

      @Bo who said “You can’t refuse the polygraph and you can only assert a 5th amendment right where one applies”. You absolutely can refuse a polygraph and/or assert your rights…. there just may be consequences.

    • Ed C

      In the 10th Circuit, for any question that could implicate someone in a crime with no conviction, one can assert the right to not answer. (See U.S. v von Behren, 10th Cir., May 2016) This is not the same as refusing a polygraph which could result in therapy termination and would likely be a violation of supervision.

      • Tim in WI

        The right to remain silent is absolute and inalienable UNLESS you enter plea and waive by signing off on the standard waiver. You face the same question when you take the stand in your own defense, or not. Each makes that choice and must live with it.

        States May not punish, nor take good time, you for refusing treatment if you’ve refused to plea guilty. However, that fact does not stop them from making you wish you made the choice they want.

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