In
United States law, the ''Garrity'' warning is an advisement of rights usually administered by federal, state, or local investigators to their employees who may be the subject of an internal investigation. The ''Garrity'' warning advises subjects of their criminal and administrative
liability for any statements they may make, but also advises subjects of their
right to remain silent
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the worl ...
on any issues that tend to implicate them in a crime. (See
''Kalkines'' warning concerning federal employees.)
It was devised in response to the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
ruling in ''
Garrity v. New Jersey'' (1967). In that case, a
police officer was compelled to make a statement or be fired, and then criminally prosecuted for his statement. The Supreme Court found that the officer had been deprived of his
Fifth Amendment right to silence.
A typical ''Garrity'' warning (exact wording varies between state and/or local investigative agencies) may read as follows:
You are being asked to provide information as part of an internal and/or administrative investigation. This is a voluntary interview and you do not have to answer questions if your answers would tend to implicate you in a crime. No disciplinary action will be taken against you solely for refusing to answer questions. However, the evidentiary value of your silence may be considered in administrative proceedings as part of the facts surrounding your case. Any statement you do choose to provide may be used as evidence in criminal and/or administrative proceedings.
The ''Garrity'' warning helps to ensure the subject's
constitutional rights, while also helping state or local investigators preserve the evidentiary value of statements provided by subjects in concurrent administrative and criminal investigations.
See also
*
''Kalkines'' warning
*
''Miranda'' warning
References
* ''Federal Law Enforcement Training Center Reference Book''. U.S. Department of Homeland Security, 2008.
* ''Deputy Attorney General Fisher Memorandum on Garrity and Kalkines Warnings''. U.S. Department of Justice, 2006.
* ''Deputy Attorney General Wray Memorandum on Office of Inspector General Investigations''. U.S. Department of Justice, 2005.
Law enforcement in the United States
*
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