Thank you for your response and understanding.
I am afraid that he is going to have to argue his Due Process rights under the 5th Amendment which protect him from self incrimination while his case is actively on appeal for the very issues that he is being asked to forcibly sign admitting to. Due Process under the 5th Amendment protects him from self incrimination while at the same time protesting his innocence and his right to due process in the appeals process.
In front of the parole board he would argue that United States Constitution and article I, section 10, of the Illinois Constitution (U.S. Const., amend. V; Ill. Const.1970, art. I, § 10), and (b) his due process rights under the fifth amendment to the United States Constitution and article I, section 2, of the Illinois Constitution (U.S. Const., amend. V; Ill. Const.1970, art. I, § 2). The court In People v. Martin, 226 Ill.App.3d 753, 168 Ill.Dec. 415, 589 N.E.2d 815 (1992), the court addressed whether the defendant's fifth amendment privilege against self-incrimination was violated when the State called him to testify at his probation revocation hearing. Relying on Minnesota v. Murphy, 465 U.S. 420, 104 S.Ct. 1136, 79 L.Ed.2d 409 (1984), Allen v. Illinois, 478 U.S. 364, 106 S.Ct. 2988, 92 L.Ed.2d 296 (1986), People v. Davis, 216 Ill.App.3d 884, 159 Ill.Dec. 841, 576 N.E.2d 510 (1991), and Professor LaFave (3 W. LaFave & J. Israel, Criminal Procedure § 25.4, at 164 (1984)). The court held that a defendant's fifth amendment privilege against self-incrimination was not violated by the State's calling him to testify at his probation revocation hearing "to elicit testimony which would show that the defendant had violated conditions of his probation but which would not incriminate him in any other proceedings." Martin, 226 Ill. App.3d at 759, 168 Ill.Dec. 415, 589 N.E.2d at 818. However in your son's case, he would be compelled to admit he did not sign the admission of guilt, but it would be a violation of his due process right to force him to admit guilt while his appeal is pending.
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