According to the Garrity Rule, what must law enforcement administration determine?

The Garrity Rule is established to protect public employees, particularly law enforcement officers, from having their statements used against them in criminal proceedings. The primary concern is to ensure that their rights are upheld while still allowing for effective internal investigations. According to this rule, when law enforcement agencies conduct an administrative investigation, they need to determine whether to handle the matter as an administrative issue or refer it for criminal prosecution.

By deciding if they will manage the issue administratively or criminally, law enforcement administration can ensure that they follow the appropriate procedures. This can affect the way evidence is gathered, how interviews are conducted, and the extent to which an officer's rights are protected during the investigation. Such a determination is crucial for maintaining the integrity of the investigative process and ensuring that any subsequent legal implications are properly managed.