McKune v. Lile — Stevens, J., Dissenting

Summary

Justice Stevens, joined by three other justices, dissents arguing that mandatory sanctions imposed on a prisoner for invoking the Fifth Amendment privilege to refuse participation in a sex offender treatment program violate the self-incrimination clause because the penalties amount to unconstitutional compulsion. Justice O'Connor, concurring in the judgment, agrees the decision below should be reversed but finds the penalties insufficient to constitute compulsion.