This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to United States (amicus curiae), according to United States (amicus curiae), the case also addresses state confidentiality rules for inmate treatment programs and the incentives offered to inmates who participate.
Background and question before the Court
Justice Souter asked whether participation required the prisoner to describe previous offenses.
Justice Scalia asked Mr. Garre why the Federal Government does not think it a good idea to grant immunity.
According to Justice, a Justice questioned whether the Sentencing Guidelines would be invalid if they gave bad points for refusing to accept responsibility instead of good points for acceptance.
According to Chief Justice Rehnquist, chief Justice Rehnquist noted that the case was submitted at 12:01 p.m.
What each side argues
Petitioner – David R. McKune, Warden
According to Petitioners (McAllister), according to Petitioners (McAllister), the Fifth Amendment compulsion inquiry is contextual; in prison the context differs from outside situations such as losing a job or a law license.
Respondent – Robert G. Lile
According to State of Kansas, the State has set up a structure where good behavior leads to higher levels, and this system applies to all inmates.
According to State, only a few states, such as California and Kentucky, have confidentiality provisions; Kansas uniquely requires extensive additional information.
According to State (Wiltanger), according to State (Wiltanger), the Fifth Amendment is a bedrock principle, and a confession is the most powerful piece of evidence.
What happened at oral argument
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- a4d322680d0fa86aad75-r1-5831754543ace96e.pdforal argument transcript
Guide generated September 19, 2026. Automated validation accepted this version.