In the case of Garrity v. New Jersey, the U.S. Supreme Court determined that public employees could not be forced, under clear threat of discipline, to violate the principles of compulsory self-incrimination.
This decision established what have come to be called "Garrity Rights" for public employees.
The Garrity rule is similar to Miranda rights for public employees. However, the burden is on the employee to assert their Garrity rights. These rights can and should be asserted whenever and employee believes they are being investigated for possible criminal conduct.
Once an employee has asserted their Garrity rights, management must:
Page Last Updated: Sep 09, 2008 (10:28:08)