garrity v new jersey opinion
The officers answered the incriminating questions, which eventually led to criminal charges. 1336, 10 L.Ed.2d 513, individual weakness or incapacity, Lynumn v. State of Illinois, 372 U.S. 528, and the adequacy of warnings of constitutional rights, Davis v. State of North Carolina, 384 U.S. 737, 86 S.Ct. I gather that the majority believes that the possibility that these policemen might have been discharged had they refused to provide information pertinent to their public responsibilities is an impermissible "condition" imposed by New Jersey upon petitioners' privilege against self-incrimination. . . The option to lose their means of livelihood or to pay the penalty of self-incrimination is the antithesis of free choice to speak out or to remain silent. ^3 The late Judge Jerome Frank thus once noted, in the course of a spirited defense of the privilege, that it would be entirely permissible to discharge police officers who decline, on grounds of the privilege, to disclose information pertinent to their public responsibilities. 1336, 10 L.Ed.2d 513, were thought to be involuntary, and that the statements were inadmissible as a matter of law, on the premise that they were products of an impermissible condition imposed on the constitutional privilege. 13, Supreme Court Database ID: Despite the majority's disclaimer, it is quite plain that the logic of its prohibiting rule would in this situation prevent the discharge of these policemen. The Supreme Court of New Jersey ordered that alleged irregularities in handling cases in the municipal courts of those boroughs be investigated by the Attorney General, invested him with broad powers of inquiry and investigation, and directed him to make a report to the court. I would affirm the judgments of the Supreme Court of New Jersey. ^2 The legislative history of N.J.Rev.Stat.2A:81-17.1, N.J.S.A. . This page was last edited on 18 December 2017, at 23:59. Another defendant below, Mrs. Naglee, the clerk of Bellmawr's municipal court, has since died. It is of course possible that discharge might in a given case be predicated on an imputation of guilt drawn from the use of the privilege, as was thought by this Court to have occurred in Slochower v. Board of Education, supra. The urgency of these requirements is the more obvious here, where the conduct in question is that of officials directly entrusted with the administration of justice. The issue remaining is whether the statements were inadmissible because they were 'involuntary as a matter of law,' in that they were given after a warning that New Jersey policemen may be discharged for failure to provide information pertinent to their public responsibilities. January 23rd, 1967, Precedential Status: The issue, then, is not compulsion, but the whole idea of legal confession. William Orville Douglas.  Cf. The Supreme Court of New Jersey affirmed all the convictions. rely on donations for our financial security. *494 Daniel L. O'Connor argued the cause for appellants. at 641. Media. 2d 562, 1967 U.S. LEXIS 2882, Docket Number: Garrity v. New Jersey. Privilege permitted them to refuse to answer. "Understanding this, are you willing to proceed at this time and answer any questions?". Nor can it be said that it is arbitrary or unreasonable for New Jersey to insist that its employees furnish the appropriate authorities with information pertinent to their employment. "In summary, therefore, the Constitutional ruling on self-incrimination concerns only forced confessions, and its restricted character is a result of its historical evolution as a civilized protest against the use of torture in extorting confessions. Learn how and when to remove this template message, List of United States Supreme Court cases, volume 385, https://en.wikipedia.org/w/index.php?title=Garrity_v._New_Jersey&oldid=947989062, Creative Commons Attribution-ShareAlike License. Insofar as the majority suggests that the Barrington statements are involuntary in fact, in the fashion of Chambers or Haynes, it has introduced a factual contention never urged by the Barrington petitioners and never considered by the courts of New Jersey. That practice, like interrogation practices we reviewed in Miranda v. Arizona, 384 U.S. 436, 464-465, is "likely to exert such pressure upon an individual as to disable him from making a free and rational choice." Before being questioned, each appellant was warned (1) that anything he said might be used against him in any state criminal proceeding; (2) that he had the privilege to refuse to answer if the disclosure would tend to incriminate him; but (3) that if he refused to answer he would be subject to removal from office.. Finally, it is surely plain that New Jersey may in particular require its employees to assist in the prevention and detection of unlawful activities by officers of the state government. They chose to exercise the privilege, but the exercise of such privilege was wholly inconsistent with their duty as police officers. Three of the petitioners had counsel present; at least a fourth had consulted counsel but freely determined that his presence was unnecessary.  Mrs. Naglee was not told that she could be removed from her position at the court if she failed to give information pertinent to the discharge of her duties. I would therefore conclude that the sanction provided by the State is constitutionally permissible. Precedential, Citations: CourtListener is sponsored by the non-profit Free Law Project. ', Q. The validity of a consequence depends both upon the hazards, if any, it presents to the integrity of the privilege and upon the urgency of the public interests it is designed to protect. PETITIONER:Edward J. Garrity, et al. Argued November 10, 1966. Confession, in other than a religious context, or financial cases completely free from any traces of criminality, is simply not an instrument of the Law.  The warning given to Chief Garrity is typical. Such are the conclusions to be drawn from Maimonides' interpretation of the Halakhah's equivalent of the Fifth Amendment. It is inadmissible, even if voluntarily offered. . 682, that as a matter of fact the statements were involuntarily made. *499 In that case appellant paid under protest.  The late Judge Jerome Frank thus once noted, in the course of a spirited defense of the privilege, that it would be entirely permissible to discharge police officers who decline, on grounds of the privilege, to disclose information pertinent to their public responsibilities. The standards employed by the Court to assess the voluntariness of an accused's statements have reflected a number of values, and thus have emphasized a variety of factual criteria. 1317, 2 L.Ed.2d 1414; Slochower v. Board of Higher Education, 350 U.S. 551, 76 S.Ct. The majority is apparently engaged in the delicate task of riding two unruly horses at once: it is presumably arguing simultaneously that the statements were involuntary as a matter of fact, in the same fashion that the statements in Chambers v. Florida, 309 U.S. 227, and Haynes v. Washington, 373 U.S. 503, were thought to be involuntary, and that the statements were inadmissible as a matter of law, on the premise that they were products of an impermissible condition imposed on the constitutional privilege. The purposes for which, and the circumstances in which, an officer's discharge might be ordered under New Jersey law plainly may vary. 637, 100 L.Ed. Syllabus ; View Case ; Petitioner Edward J. Garrity, et al. Stat. The standards employed by the Court to assess the voluntariness of an accused's statements have reflected a number of values, and thus have emphasized a variety of factual criteria. they had no constitutional right to remain police officers in the face of their clear violation of the duty imposed upon them.' Their convictions were subsequently overturned. We are not entitled to assume that discharges will be used either to vindicate impermissible inferences of guilt or to penalize privileged silence, but must instead presume that this procedure is only intended and will only be used to establish and enforce standards of conduct for public employees. 13. 2A:81-17.1 provides nothing which clearly indicates the purposes of the statute, beyond what is to be inferred from its face. Terral v. Burke Constr. The final question is the hazard, if any, which this sanction presents to the constitutional privilege. If you make a disclosure with knowledge of this right or privilege, voluntarily, you thereby waive that right or privilege in relation to any other questions which I might put to you relevant to such disclosure in this investigation. Whatever the criteria employed, the duty of the Court has been "to examine the entire *506 record," and thereby to determine whether the accused's will "was overborne by the sustained pressures upon him." It doesn't mean, however, you can't exercise the right. Garrity v. New Jersey is a case involving several police officers who were under investigation for a ticket-fixing scandal. Judge Frank quoted the following with approval: " `Duty required them to answer. Nov 10, 1966. I turn first to the suggestion that these statements were involuntary in fact. The Bellmawr petitioners did not have counsel present, but the Deputy Attorney General testified without contradiction that Garrity had informed him as they strolled between Garrity's office and the firehouse that he had arranged for counsel, but thought that none would be required at that stage. The majority employs a curious mixture of doctrines to invalidate these convictions, and I confess to difficulty in perceiving the intended relationships among the various segments of its opinion. The issue remaining is whether the statements were inadmissible because they were "involuntary as a matter of law," in that they were given after a warning that New Jersey policemen may be discharged for failure to provide information pertinent to their public responsibilities. Absent evidence of involuntariness in fact, the admissibility of these statements thus hinges on the validity of the consequence which the State acknowledged might have resulted if the statements had not been given. The Halakhah, however, does not permit self-incriminating testimony. 47i, limits on access to counsel or friends, Crooker v. State of California, 357 U.S. 433, 78 S.Ct. The cautionary statements varied slightly, but all, except that given to Mrs. Naglee, included each of the three warnings. All of the petitioners consented to give statements, none displayed any significant hesitation, and none suggested that the decision to offer information was motivated by the possibility of discharge. The majority opinion here and the plurality opinion in Spevack v. ... New Jersey. While certainly not all, or even most criminal confessions are directly attributable, in whole or part, to the Death Instinct, the Halakhah is sufficiently concerned with the minority of instances, where such is the case, to disqualify all criminal confessions and to discard confession as a legal instrument.
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