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Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer
Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer
Cornell Law Faculty Publications
In this Article, Professor Steven Clymer describes the problem created when police departments require officers suspected of misconduct to answer internal affairs investigators' questions or face job termination. Relying on the Supreme Court's decision in Garrity v. New Jersey, courts treat such compelled statements as immunized testimony. That treatment not only renders such a statement inadmissible in a criminal prosecution of the suspect police officer, it also may require the prosecution to shoulder the daunting and sometimes insurmountable burden of demonstrating that its physical evidence, witness testimony, and strategic decisionmaking are untainted by the statement. Because police internal affairs …
Using The Master's Tools: Fighting Persistent Police Misconduct With Civil Rico, Steven P. Ragland
Using The Master's Tools: Fighting Persistent Police Misconduct With Civil Rico, Steven P. Ragland
American University Law Review
No abstract provided.
Racial Profiling And Whren: Searching For Objective Evidence Of The Fourth Amendment On The Nation's Roads, Alberto B. Lopez
Racial Profiling And Whren: Searching For Objective Evidence Of The Fourth Amendment On The Nation's Roads, Alberto B. Lopez
Kentucky Law Journal
No abstract provided.