Garrity v. New Jersey Case Brief Summary | Law Case Explained

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Garrity v. New Jersey, 385 U.S. 493 (1967)

The Fifth Amendment prohibits the government from forcing a person to make self-incriminating statements. Ordinarily, we think of this rule in the context of police interrogations of private citizens. For a public employee, however, the government is the employer. This means that a workplace investigation doubles as an investigation by the government. In Garrity versus New Jersey, the Supreme Court considered whether Fifth Amendment protections extend to this scenario.

Police Chief Edward Garrity was among a group of New Jersey police officers who were investigated for fixing traffic tickets. Instead of being taken into custody, the officers were questioned in comfortable surroundings. They were informed of their right to counsel, and several exercised the right. The officers were also informed that any statements they made could be used against them in a criminal proceeding and that they had the right to refuse to answer questions if the answers would be self-incriminating. However, the officers were also told that they could lose their jobs if they refused to answer questions. All the officers answered the questions, incriminating themselves in the process, and were subsequently charged with conspiracy to obstruct the administration of traffic laws.

At trial, the officers’ self-incriminating statements were used to convict them. The officers appealed to the New Jersey Supreme Court, arguing that their statements were coerced. The court affirmed the convictions, and the United States Supreme Court granted cert.

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