The case concerns six employee suspects, including police chief Garrity following an investigation of 1961 in New Jersey Supreme Court about ‘ticket fixing’ in the township of Bellmawr and Barrington
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Garrity v. State of New Jersey, 87 S. Ct. 616 (1967) April
The case concerns six employee suspects, including police chief Garrity following an investigation of 1961 in New Jersey Supreme Court about ‘ticket fixing’ in the township of Bellmawr and Barrington. Before the interrogation, each employee was warned against anything they said that might be used in a criminal proceeding; they would stop answering if the answer would be self-incrimination, and if they refused to answer would cause removal from office. The employees appealed with a claim that the statements were coerced and thus violated the fifth and fourteenth Amendments. If I were the judge, I would have upheld the conviction that the fourteenth amendment was violated following the coercion from the officer’s statements.
The Supreme Court held the same conviction as mine, with the reason that the threat to be removed from office under the forfeiture of office statute was to induce the petitioners to forgo the privilege against self-incrimination secured by the fourteenth amendment rendering the resulting statements involuntary, and thus inadmissible in the state criminal proceedings. In other words, the court held that the choices given to petitioners to forfeit their jobs or to incriminate themselves constituted coercion.
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