Some of the processes for investigating a criminal offense differ from the processes for investigating an
administrative violation. For public sector employees, one notable difference involves a US Supreme Court ruling stemming from the 1967 U.S. Supreme Court decision in Garrity v. New Jersey.
The Fifth Amendment to the US Constitution states, in part:
No person...shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The Fourteenth Amendment to the US Constitution states, in part:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Garrity case involved 5th and 14th Amendment issues about whether or not an employees' compelled self-incriminating statement can be used in both an administrative investigation and a criminal prosecution. The case originated in 1961 when Police Chief Edward Garrity was accused of ticket-fixing. He and his accomplices were given the ultimatum that they could refuse to answer questions in the administrative investigation but if they refused they would be fired. Garrity decided to answer the questions during the administrative investigation but those statements were then also later used in a subsequent criminal prosecution. The U.S. Supreme Court decided that Garrity's statements were wrongfully compelled under threat of termination in violation of Fifth and Fourteenth Amendment rights.
Further Reading:
An excellent discussion of "Garrity" related issues and administrative investigations can be found at the following link:
http://kardasz.blogspot.com/2015/01/criminal-versus-administrative.html
administrative violation. For public sector employees, one notable difference involves a US Supreme Court ruling stemming from the 1967 U.S. Supreme Court decision in Garrity v. New Jersey.The Fifth Amendment to the US Constitution states, in part:
No person...shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The Fourteenth Amendment to the US Constitution states, in part:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Garrity case involved 5th and 14th Amendment issues about whether or not an employees' compelled self-incriminating statement can be used in both an administrative investigation and a criminal prosecution. The case originated in 1961 when Police Chief Edward Garrity was accused of ticket-fixing. He and his accomplices were given the ultimatum that they could refuse to answer questions in the administrative investigation but if they refused they would be fired. Garrity decided to answer the questions during the administrative investigation but those statements were then also later used in a subsequent criminal prosecution. The U.S. Supreme Court decided that Garrity's statements were wrongfully compelled under threat of termination in violation of Fifth and Fourteenth Amendment rights.
Further Reading:
An excellent discussion of "Garrity" related issues and administrative investigations can be found at the following link:
- Taylor, D. (n.d.). Garrity Basics. Garrity Rights. Retrieved from http://www.garrityrights.org/basics.html
- Ramage, M. (May 16, 2000). Criminal Vs. Administrative Investigations: "Garrity" Issues and Workplace Searches. Presentation to Inspectors General. FDLE. Retrieved from https://www.fdle.state.fl.us/Content/getdoc/9bdec8a8-2366-4b97-9c77-50276b21c7ee/lb0002_6-26-PDF.aspx
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http://kardasz.blogspot.com/2015/01/criminal-versus-administrative.html
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