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Unpublished Paper
Navigating the Rock and the Whirlpool: Managing Critical Incident Investigations and Garrity
ExpressO (2014)
  • Joseph R Sullivan, Gonzaga University
Abstract

This article presents a best practice model for managing officer-involved shooting or other critical incident investigations on behalf of the officer; one that protects the officer’s legal interests and still preserves the most accurate factual information for investigators. Section I details the causes and effects of critical incident amnesia as it relates to officer-involved shootings. Section II analyzes the relationship between a public employee’s Fifth Amendment privilege against self-incrimination and a public employer’s ability to compel work related statements. Section III discusses the practical implications and aftermath of an officer-involved shooting or other critical incident and section IV synthesizes the presented information into a comprehensive post-incident strategy for the officer and his legal counsel.

Keywords
  • Garrity,
  • critical incident amnesia,
  • critical incident investigation,
  • Garrity warning
Publication Date
October 29, 2014
Citation Information
Joseph R Sullivan. "Navigating the Rock and the Whirlpool: Managing Critical Incident Investigations and Garrity" ExpressO (2014)
Available at: http://works.bepress.com/joseph_sullivan/1/