Garrity and the Fifth Amendment

Garrity and the Fifth Amendment

The Fifth Amendment states that "no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury... Nor shall be compelled in any criminal case to be a witness against himself" (U.S. Constitution, Amendment V).

If a police officer is required to answer questions under threat of discipline, nothing the officer says may be used in a related criminal proceeding. This is called the Garrity right or "rule." Based on the title of a case, it was the Fifth Amendment that decided this case for an officer who was brought up for traffic ticket fixing, (Garrity v. New Jersey, 385 U.S. 493 (1967), in 1966. Garrity protections are triggered when there is a risk that an employee's or officer's alleged conduct could result in criminal charges as well as adverse job action. However, the protections apply only if the investigator requires this officer to answer questions. If an employee is being questioned, the employee should ask whether he or she will be disciplined for refusing to answer questions. If this issue is not addressed before questions are answered, the Garrity protections are lost. (Garrity 2007)

As a condition of employment, workers may be required to answer their employer's narrowly defined questions regarding conduct on the job. 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.