An imprisoned man’s Fifth Amendment rights weren’t violated when he was denied parole for refusing to admit to sexually assaulting his daughter as part of a state-required treatment program, the U.S. Court of Appeals for the Third Circuit has ruled.
Weighing in on an issue that has split the circuit courts, the court laid out a three-point test to determine whether a consequence faced by a prisoner who chooses not to incriminate himself rises “to the level of compulsion necessary to violate the Fifth Amendment,” according to the court’s April 4 decision in Roman v. DiGuglielmo.
