Garrity vs. New Jersey
Case Study Critique One
Tracey Green
CJUS 530
Liberty University
ABSTRACT
The Fifth Amendment establishes various rights within the criminal and civil courts. When it comes to criminal cases the Fifth Amendment guarantees the right to a grand jury and prevents double jeopardy and it also protects against self-incrimination. Also, it implements due process to be a part of any legal proceedings that would deny a citizen life, liberty or property and requires the government to compensate a citizen when private property is taken for public use. While the Fourteenth Amendment establishes due process and equal protection of the law. The Garrity Rights begin in New Jersey when two law enforcement officers were being investigated. These two officers were given the choice to either incriminate themselves or to loss their jobs under a statute on the grounds of self-incrimination. The confessions of the officers were taken; however, their confession was not voluntary, but coerced as they were under the impression that they would lose their jobs if they did not cooperate with the internal investigation. The purpose of this case study is to determine whether these officers’ Fifth and Fourteenth …show more content…
The New Jersey officers were brought in for questioning regarding their involvement in the ticket fixing scheme. They were told in their interviews that anything they discussed would be used against them in criminal court. Also, they were informed that if they did not cooperate and answer the questions, they would be fired from their jobs. The officers cooperated and gave their statements to the investigators and were still fired from their jobs and criminally charged, as they were charged with conspiracy to obstruct the administrative traffic
Case Study Critique One
Tracey Green
CJUS 530
Liberty University
ABSTRACT
The Fifth Amendment establishes various rights within the criminal and civil courts. When it comes to criminal cases the Fifth Amendment guarantees the right to a grand jury and prevents double jeopardy and it also protects against self-incrimination. Also, it implements due process to be a part of any legal proceedings that would deny a citizen life, liberty or property and requires the government to compensate a citizen when private property is taken for public use. While the Fourteenth Amendment establishes due process and equal protection of the law. The Garrity Rights begin in New Jersey when two law enforcement officers were being investigated. These two officers were given the choice to either incriminate themselves or to loss their jobs under a statute on the grounds of self-incrimination. The confessions of the officers were taken; however, their confession was not voluntary, but coerced as they were under the impression that they would lose their jobs if they did not cooperate with the internal investigation. The purpose of this case study is to determine whether these officers’ Fifth and Fourteenth …show more content…
The New Jersey officers were brought in for questioning regarding their involvement in the ticket fixing scheme. They were told in their interviews that anything they discussed would be used against them in criminal court. Also, they were informed that if they did not cooperate and answer the questions, they would be fired from their jobs. The officers cooperated and gave their statements to the investigators and were still fired from their jobs and criminally charged, as they were charged with conspiracy to obstruct the administrative traffic