Law Enforcement Bill of Rights in New Jersey

Introduction to the Law Enforcement Bill of Rights

A case in which the Law Enforcement Bill of Rights was first highlighted is from the case of Garrity v. New Jersey (1967). In 1961, allegations of 'ticket fixing' surfaced within the townships of Bellmawr and Barrington, New Jersey. Six officers, including Edward Garrity, were suspected and subsequently interviewed in connection with the scandal. Although they were informed that their statements might be used to initiate criminal charges and that they were not obligated to answer any questions, the officers were threatened with removal from office if they did not cooperate. The officers responded to the incriminating questions, which eventually led to criminal charges. The officers appealed their convictions, but these were upheld by the state supreme court (Garrity v. New Jersey, 1967).

Garrity v. New Jersey and the Supreme Court Ruling

The 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 majority opinion, authored by Justice Douglas, found that the officers were forced to testify against themselves under the threat of removal from office. This constitutes coercion and violates the Fourteenth Amendment's due process clause, as well as the Fifth Amendment's protection against self-incrimination. Their convictions were subsequently overturned (Garrity v. New Jersey, 1967). This case set a significant precedent for the rights of law enforcement officers, highlighting the need for protections against coercive practices.

Expansion of the Law Enforcement Bill of Rights

Further clarifying the Law Enforcement Bill of Rights, on a Thursday afternoon in March 1973, 50 uniformed officers gathered in a red-brick legislative building in Maryland's state capital. They came armed with stories of wrongful discipline by authoritarian police chiefs, complaints of low morale, and warnings for lawmakers who didn't agree to support them. At stake was the “Law Enforcement Officers Bill of Rights” — a pioneering law that codified workplace protections for police officers far beyond those afforded to other government employees. It included provisions such as a mandatory waiting period before officers had to cooperate with internal investigations into police conduct, expunging records of complaints against officers after a certain period, and ensuring that only fellow officers — not civilians — could investigate them (Walker, 2020).

Criticism and the Role of the Law Enforcement Bill of Rights

For nearly forty years, critics argue, the Law Enforcement Officers' Bill of Rights has been one of the major obstacles to police accountability, hindering investigations and shielding misconduct from public scrutiny. Fifteen other states followed Maryland in adopting a police bill of rights, including Wisconsin, where the police shooting of Jacob Blake in August has sparked protests, during which two more people were shot. Sam Walker, a professor of Criminal Justice at the University of Nebraska Omaha, stated, "Maryland's law goes the farthest in protecting officers" (Walker, 2020). This emphasizes that there are still states within the U.S., like Maryland, that can protect police officers regardless of the situation. If police officers are not prepared to do their job, then there would be no order in society, and others would act with impunity.

The Importance of Law Enforcement in Society

A world without police officers could be a world filled with chaos. Without law enforcement, our nation would unravel. We cannot trust individuals to always do the right thing. If there were no one to enforce the law, it might become virtually nonexistent. The streets would be overrun by gangs, rife with crime and violence. People already break the law knowing there is a chance of getting caught and going to prison; just imagine if that weren't a possibility. The presence of law enforcement is crucial in maintaining societal order and ensuring justice is served.

References:

• Garrity v. New Jersey, 385 U.S. 493 (1967).
• Walker, S. (2020). The Law Enforcement Officers’ Bill of Rights: A Critical Analysis. Journal of Criminal Justice Studies.