Donhauser v. Goord.U.S. District Court SEX OFFENDER Donhauser v. Goord, 314 F.Supp.2d 139 (N.D.N.Y. 2004). A state prisoner inmate brought a pro se civil rights action seeking declaratory, injunctive and monetary relief. The district court held that the inmate's allegations supported a claim for violation of the inmate's Fifth Amendment privilege against self-incrimination privilege against self-incrimination self-incrimination n. making statements or producing evidence which tends to prove that one is guilty of a crime. The 5th Amendment to the U.S. Constitution guarantees that one cannot "be compelled in any criminal case to be a witness against himself..." and the 14th Amendment applies that guarantee to state cases. Thus refusing to testify in court on the basis that the testimony may be self-incriminating is called "taking the Fifth. n. a right to refuse to testify against oneself in a criminal prosecution or in any legal proceeding which might be used against the person. This privilege is guaranteed by the Fifth Amendment to the Constitution which provides: "No person....shall be compelled in any criminal case to be a witness against himself... and that preliminary injunctive relief injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction. Such an act is the use of judicial (court) authority to handle a problem, and is not a judgment for money. was warranted. The court enjoined prison officials from requiring, as part of the Sexual Offender Counseling Program, participants to divulge their history of sexual conduct, including illegal acts for which no criminal charges had been filed. (Oneida Oneida Community, a religious society of Perfectionists that was established (1848) by John Humphrey Noyes. Members of the sect held all property in common and practiced complex marriage and common care of the children. The community prospered by making steel traps and silverware. In 1881 it was reorganized as a joint stock company, and the social experiments were abandoned. BibliographySee C. N. Robertson, ed., Oneida Community (1981). Correctional Facility, New York) |
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