Allen v. Illinois Case Brief

Facts of the Case

Petitioner Terry B. Allen was charged in an Illinois Circuit Court with committing the crimes of unlawful restraint and deviate sexual assault. The State filed a petition to have him declared a sexually dangerous person within the meaning of the Illinois Sexually Dangerous Persons Act (Act). Pursuant to the Act, the trial court ordered Allen to submit to two psychiatric examinations. At the bench trial on the petition, the State presented the examining psychiatrists’ testimony, over Allen’s objection that they had elicited information from him in violation of his privilege against self-incrimination. Based on that testimony, as well as that of the victim of the sexual assault, the trial court found Allen to be a sexually dangerous person under the Act. On appeal, the Illinois Appellate Court reversed, holding that the trial court had improperly relied on testimony in violation of Allen’s privilege against self-incrimination, as found in the. The Illinois Supreme Court reversed, holding that that privilege was not available in sexually-dangerous-person proceedings because the proceedings were essentially civil in nature, the aim of the statute being treatment, not punishment.





Case Information

Citation: 478 US 364 (1986)
Argued: Apr 30, 1986
Decided: Jul 1, 1986
Case Brief: 1986