WHAT ARE GARRITY RIGHTS?
Garrity Rights originate from a 1967 U.S. Supreme Court decision in Garrity v. New Jersey. These rights protect public employees from being compelled to incriminate themselves during internal investigations conducted by their employers. Essentially, if an officer is under investigation and is forced to give a statement under the threat of job termination, that statement cannot be used in criminal prosecution. This protection stems from the Fifth Amendment, which guards against self-incrimination.
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Printable Garrity Form
The Garrity Form is essential for law enforcement officers to understand their rights during internal investigations. This form, available for download and print, ensures officers are aware of protections under the Garrity Rights.
Law enforcement officers should assert their Garrity Rights during internal investigations if they risk job termination for non-cooperation. It’s crucial for them to explicitly state their invocation of these rights, for example, by saying, “I am answering under the protection of Garrity Rights.” This assertion ensures that their statements are safeguarded from use in criminal proceedings, thus maintaining their legal protections while providing the required information.