The Law Enforcement Officers' Privilege Against Compelled Self-Incrimination

Abstract

This 86-page 1987 law review article is titled “Law Enforcement Officers’ Privilege Against Compelled Self-Incrimination.” It was published in the University of Baltimore Law Review. The article addresses the Fifth Amendment rights of police and other law enforcement officers. During the 1960’s, the Supreme Court protected citizens from police violations of their Fifth Amendment privilege against compelled self-incrimination. Police agencies often violated the Fifth Amendment privilege of their officers. In 1967, in Garrity v. New Jersey, the Supreme Court held that police officers have no more – and no fewer – constitutional rights than average citizens. In 1974, Maryland became the first state to enact a law enforcement officers’ bill of rights. Since then, many states have followed suit. In addition, police rights are often provided through collective bargaining. The article includes a 22-page proposed model law enforcement officers’ bill if rights.

Keywords: Fifth Amendment privilege, law enforcement officers, police officers, constitutional protections, self-incrimination, Supreme Court, Maryland, Model Law Enforcement Officers' Bill of Rights, judicial interpretation

JEL Classification: K14, K42, K49