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explicit reminder of his constitutional privilege. Three of the petitioners had counsel present; at least a fourth had consulted counsel but freely determined that his presence was unnecessary. These petitioners were not in any fashion 'swept from familiar surroundings into police custody, surrounded by antagonistic forces, and subjected to the techniques of persuasion * * *.' Miranda v. State of
Arizona, 384 U.S. 436, 461, 86 S.Ct. 1602, 1621. I think it manifest that, under the standards developed by this Court to assess voluntariness, there is no basis for saying that any of these statements were made involuntarily.
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383:. Six officers, including Edward Garrity, were suspected and subsequently interviewed in connection. Although they were told that their statements could be used to bring about criminal charges and that they were not required to answer any questions, the officers were threatened with removal from office if they did not cooperate. The officers answered the incriminating questions, which eventually led to criminal charges. The officers appealed their convictions, but they were upheld by the state supreme court.
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407:'The privilege against self-incrimination would be reduced to a hollow mockery if its exercise could be taken as equivalent either to a confession of guilt or a conclusive presumption of perjury. * * * The privilege serves to protect the innocent who otherwise might be ensnared by ambiguous circumstances.' Id., at 557-558, 76 S.Ct. at 641.
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Where police officers being investigated were given choice either to incriminate themselves or to forfeit their jobs under New Jersey statute on ground of self-incrimination, and officers chose to make confessions, confessions were not voluntary but were coerced, and
Fourteenth Amendment prohibited
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It would be difficult to imagine interrogations to which these criteria of duress were more completely inapplicable, or in which the requirements which have subsequently been imposed by this Court on police questioning were more thoroughly satisfied. Each of the petitioners received a complete and
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The majority opinion, written by
Douglas, found that the officers were compelled to testify against themselves under threat of removal from office. This constitutes coercion and violates the Fourteenth Amendment Right due process clause as well as Fifth Amendment protection against
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The U.S. Supreme Court then ruled in 1967's
Garrity v. New Jersey that the employees’ statements, made under threat of termination, were compelled by the state in violation of the Fifth and Fourteenth Amendments. The decision asserted that
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Associate
Justice Harlan, joined by Justices Clark and Stewart, argued that none of the officers' statements were coerced. They were also not under arrest therefore they weren't guaranteed Miranda Rights.
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312:Douglas, joined by Warren, Black, Brennan, Fortas
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355:, 385 U.S. 493 (1967), was a case in which the
156:Edward J. Garrity et al. v. State of New Jersey
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120:1967 United States Supreme Court case
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