May 4, 2005
Duane Edwin Sutton v. State of Florida
Case Number(s):
SC04-1954, SC04-1955, SC04-1956, SC04-1957, SC04-1958, SC04-1959

Transcript:

Summary:

The Second District Court of Appeal held that civil detainees under the Jimmy Ryce Act cannot make a blanket assertion of the Fifth Amendment privilege against self-incrimination to avoid submitting to depositions during commitment proceedings. Instead, the district court held that detainees must assert the privilege on a question-by-question basis because commitment proceedings under the Act are civil. The petitioners appealed, asserting that the Jimmy Ryce Act is penal in nature, thus entitling them to a blanket Fifth Amendment privilege to refuse to be deposed at all.