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Questions you can't ask a probationer in Fort Worth

Liberty and Justice for Y'all alerts us to a potentially momentous decision out of Fort Worth's Second Court of Appeals which found that probationers retain their Fifth Amendment right against self-incrimination, a decision which likely contradicts the day-to-day practices of probation departments statewide. According to LJ4Y:In Ex Parte Dangelo, the applicant, who was on probation for pleading guilty to one count of "injury to a child," filed an application for writ of habeas corpus when the trial court incarcerated him after he refused to answer the following questions during a polygraph exam given to him as part of his probation:"Since you have been on probation, have you violated any of its conditions?";"Since you have been on probation, have you had sexual contact with any persons younger than 17?";"Since you have been on probation, have you tried to isolate and child for sexual purposes?"; and"Since you have been on probation, have you intentioanlly committed any sexual crimes?"The court agreed that violating the probationer's bond for refusing to answer those questions violated his Fifth Amendment right against self-incrimination...continue to full post

Full post as published by Grits for Breakfast on July 13, 2010 (boomark / email).