Polygraph

Sex Offender Treatment Programs programs frequently require participants to divulge information about their sexual history and to admit to sexual offenses for which they may or may not have been convicted. This article considers how this aspect of conditional release may implicate the Fifth Amendment by violating the privilege against self-incrimination, as illustrated by the Ninth Circuit’s decision in United States v. Antelope. It also considers various alternatives available for achieving greater balance between the competing interests of protecting the Fifth Amendment right and promoting meaningful treatment programs. Ultimately the author concludes, the legislature is best suited to resolve the issue.