Donhauser v. Goord.U.S. District Court GOOD TIME CREDIT Donhauser v. Goord, 314 F.Supp.2d 119 (N.D.N.Y. 2004). A state inmate brought a pro se [section] 1983 action alleging violations of his 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..., due process, equal protection, and privacy rights. The district court held that requiring the inmate, as part of a sexual offender counseling program, to divulge his history of sexual conduct violates the inmate's Fifth Amendment privilege against self-incrimination because the inmate faced a loss of good time credit if he refused to divulge his history. The court found that officials were entitled to qualified immunity from monetary damages on the inmate's Fifth Amendment claim because the standard defining the inmate's right to be free from compelled self-incrimination was not clearly established at the time. (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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