Garrity and the Fifth Amendment Term Paper

If an employee invokes the www.reference.comGarrity v. New Jersey, 385 U.S. (1967) the rule is most commonly applied to public employees such as police officers.

If a police officer is suspected of taking bribes and is investigated by internal affairs (IA), and he is given a "Garrity" warning by the IA investigator, then admits that he has taken bribes and resigns, he cannot be prosecuted in criminal court on the bribery allegation. The Garrity rule allows the officer to admit wrong-doing to an internal investigative officer utilizing the Garrity rule to obtain information, without being prosecuted for that wrong-doing.Even though the officer may be asked to resign his or her commission or be dismissed, any statements made after invoking Garrity, may only be used for department investigation purposes and not for criminal prosecution purposes. (Hall p. 145)

References

Constitution of the United Statse of America. Retrieved January 20, 2007 at http://www.reference.com/browse/wiki/Fifth_Amendment_to_the_United_States_Constitution.

Garrity Warning. New Jersey Law Enforcement. NJLawman. Retrieved January 30, 2007 at http://www.njlawman.com/Garrity.htm.

Hall, Daniel. Administrative Law: Bureaucracy in a Democracy. New Jersey: Prentice Hall. 2006......