WARNING CRIMINAL SUSPECTS

Robert E. Manley, Manley & Burke

The MIT prosecution makes it clear that there will be more criminal investigations of accidents and deaths caused by alcohol on college campuses. It is likely that individuals will be criminally prosecuted if they participated in or aided the supply of alcohol in an unlawful manner. Unlawful provision of alcohol includes providing it to a minor, providing it to someone who is already intoxicated, and selling it without an alcohol vendor’s license.

If there is ever another alcohol-related death or injury in connection with a fraternity, all of the advisors and active members of the chapter should be advised:

1. Any member or advisor who knows he or she participated, encouraged or aided the provision of alcohol in an unlawful manner which may have caused serious injury or death should consult a lawyer at his or her own expense for advice before talking to the police.
2. Once the police determine that an individual is a suspect, the police must warn the suspect:
   1. The suspect has the right to have a lawyer.
   2. The suspect has the right to remain silent.
   3. Anything the suspect says to the police may be used against the suspect.
3. By the time that the police have determined that an individual is a suspect, it may be too late for the person who knows that he or she has responsibility for the illegal provision of alcohol to consult a lawyer. The suspect may have already made sufficient admissions to cause the suspect’s conviction.
4. It would be against public policy for a non-profit organization to pay for the legal defense of an individual member who has engaged in criminal conduct in regard to alcohol.