Date of Award

2007

Document Type

Research Paper

Degree Name

Master of Liberal Studies (MLS)

Abstract

This research will investigate the various rights of law enforcement personnel officers and civilian employees in the workplace, focusing on constitutional rights against compulsory self-incrimination. Miranda Warnings a person’s right to remain silent are ingrained in our vocabulary since 1966, for those being questioned about criminal activity. The Author will predominantly investigate police officers and other public employees that are questioned for work place misconduct. Garrity Rights or Warnings are given to compel employees to answer questions that deal specifically, narrowly, and directly tailored to the employee’s job, or face discipline for insubordination that could result in termination. For those public employees that are unionized or have some type of recognized bargaining unit, Weingarten Rights are afforded them, which provide the right to legal counsel or union representation prior to being interviewed for workplace misconduct or criminal activity. When property rights exist, all public employees prior to being disciplined have the right to a Loudermill Hearing to have a chance to hear the charges against them and present a defense Breci, 2004. Police agencies are required to conduct internal investigations of complaints against personnel for several reasons: to protect the agency and its personnel against civil litigation, to instill public confidence in the agency, protect personnel from false allegations, and to protect the public from true police misconduct Metro-Dade Police Department, 2003. This research paper will primarily employ the Qualitative Research Design Method and Qualitative Method for the survey to Internal Affairs Investigators, in APA format.

Rights

Copyright 2007 Daniel Breci

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