People v. Roberson

Summary

The court held that a probationer may invoke the privilege against self-incrimination during sex-offender treatment when answers could incriminate him, and probation may not be revoked for refusing to answer such questions when the refusal is constitutionally protected. Roberson’s refusal to answer questions about post-probation child-pornography conduct was protected because it presented a reasonable possibility of prosecution and the threat of probation revocation created compulsion. The court could not resolve whether questions about post-trial sexual fantasies were incriminating and remanded for specific findings on that issue.