Is it possible to plea the fifth in school when being questioned by a school official--such as, teachers, administrators, officers, employees? Is does give the right to remain silent, can students use it in those terms?
2006-08-13 15:17:29 · 13 answers · asked by RR 2 in Politics & Government ➔ Law & Ethics
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Addition: Though many of you say that you can only plea the fifth in criminal offenses, not really...you can plea the fifth in civil cases too. As far as being a teen and not having constitutional rights, not right also. Everyone has rights, regardless of age, juvenile offenders have the same rights as adult ones. Are you sure you can't plea the fifth in school?
2006-08-13 15:25:26 · update #1
You can only plead the 5th if you are testifying in a criminal matter (either yours or somebody else's).
You can choose to remain silent in any situation, just be prepared to suffer the consequences.
2006-08-13 15:21:33 · answer #1 · answered by Anonymous · 0⤊ 0⤋
In school you can refuse to answer anything, you can outright lie to their faces if you like.
They have no legal authorities over you other than they are your En local parentez (I'm sure I butchered the spelling of that.) Which basically means they are acting as your parents.
They have no right to do anything but keep you in school until school is out. Even if you have detention you can leave. You can get in more trouble and eventually expelled, but they can't legally force you to stay.
Also, you do have constitutional rights before you are 18. You are protected by the bill of rights regardless of your age. However, your parents can waive them without your permission. There is still debate on weather school officials acting under the en local parantez law can waive your rights also. People claim that it's illegal because it creates a loophole where the government can pressure the principal to waive them, which is unfair to the child involved.
Basicly, even in school you have the right to remain silent. Pleading the fifth is rather pointless as it's only a defense while you are underoath and are asked a question.
2006-08-13 16:11:40 · answer #2 · answered by cat_Rett_98 4 · 0⤊ 0⤋
No, the 5th is the right to refuse to answer a question in court on the grounds it may be self-incriminating.
School is not a court, it is a privelege of a wealthy society and should be treated as such.
I hate it when kids say they hate school. Lots of people are paying big bucks for those kids to be there and all they do is waste it, They should be kicked out instead and forced to pay back the money already spent on them.
2006-08-13 15:27:39 · answer #3 · answered by szydkids 5 · 0⤊ 0⤋
Here's the deal. You can refuse to answer questions on the grounds that the answer could incriminate you, to ANY state questioning. However, except in a criminal setting, the failure to respond can be used against you.
So, in a civil setting, you can refuse to answer, but there will be a legal inference that what you would have said would have been in favor of the other side. In school, your failure to respond to questions may be used against you in a civil/disciplinary hearing.
The reason is that the fifth amendment only protects you from being forced to make statements that could incriminate you. "incriminate" means a crime. So they could not use your silence in a criminal prosecution, but they can in disciplinary and school investigations.
2006-08-13 15:31:26 · answer #4 · answered by robert_dod 6 · 0⤊ 0⤋
Go ahead and do it. What's the worst they can do, give you a vaction from school? HA! Man, I was threatened to be expelled from school so many times when I was a kid. But I went to a private school, all they care about is the money, so as long as my parents were paying I could steal the groundskeepers golf cart for a joy ride if I wanted to. Ah, to be a spoiled brat again. Man, I'm talking like I'm an old guy, I'm still in my early 20's.
2006-08-13 15:30:27 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No, you must be of age, usually 18, to have any real constitutional rights. After 18 the training wheels come off and you have your own accidents.
2006-08-13 15:21:21 · answer #6 · answered by thebushman 4 · 0⤊ 0⤋
Supreme court ruling say that as long as they don't put you up to human sacrifice or commit a felony on you, you have as many rights a slaves before the 13th amendment.
2006-08-13 15:24:29 · answer #7 · answered by eric l 6 · 0⤊ 0⤋
Its possible - but by doing so --sorry to say this but it makes you sound guilty -- that's what taking the fifth is all about -- and if you are not protecting anyone would it be worth it???
2006-08-13 15:25:54 · answer #8 · answered by ibelieve 4 · 0⤊ 0⤋
it definitly should. but once you go into school it's no longer a democracy which means theres no constitution man! It's a dictatorship man! Down with all the dictators in the us! Down with schools!!!!!!!!!!!!!!!!!! Oh yeah, i'm 16 and hatin high school
2006-08-13 15:23:28 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Freedom of speech or lack there of. You have the right to have your parents or guardian present during questioning.
2006-08-13 15:26:25 · answer #10 · answered by Ironball 7 · 0⤊ 0⤋