Criminal Procedure keyed to Weinreb
Garrity v. New Jersey
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Appellants were a group of police officers from New Jersey. The Supreme Court of New Jersey tasked the state attorney general to investigate irregularities in the handling of various cases in municipal courts. Specifically, the fixing of traffic tickets. Each Appellant was warned prior to being questioned, “(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.” The Appellants answered the questions, no immunity was granted and the state of New Jersey did not have an immunity statute relevant to this situation. Some of the Appellants’ responses were used to prosecute them in subsequent prosecutions concerning conspiracy to obstruct the administration of the traffic laws. The Appellants were convicted and the convictions were sustained over there Appellants’ pr otests that their statements were coerced, because if they did not answer, they would lose their jobs.
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