A teacher interrogates the student for information, does this student have rights to remain silent? or any other rights?
2007-07-14 03:33:56 · 10 answers · asked by drowning bunnies 3 in Politics & Government ➔ Law & Ethics
a student is asked by a teacher for information on some other pupils in the school (cause of misconduct) does this student have the right to remain silent?
2007-07-14 18:47:42 · update #1
Courts have generally ruled that students have the same rights as adults in school settings, but in a more limited fashion.
Thus, the student can refuse to answer on the grounds of self-incrimination. But the school can go ahead and punish the student anyway based on what information the school already has.
2007-07-14 04:15:57 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
A school is not a public place. It is owned by the public and is governed by local laws and also has its own rules so that it can do its work effectively. It's work is education, both in subject material and social education. Its like a house with 400+ foster kids. Can a Teacher ask you your name ?, where are you going ?, what class are you coming from ?, did you see the person who broke that window ?, etc etc. YES!!!! Should you answer truthfully ? YES!!! There should be no "code of silence" like in the crime world. The phrase "ratting someone out" has no place in a school. A school is like your home during the day. Would you prefer that it turn into something like a jail ? Students and Teachers need to co-operate with each other so that the main job of education has some chance to succeed.
2007-07-14 03:53:03 · answer #2 · answered by Karnak 3 · 0⤊ 0⤋
A student loses some of their rights when they go onto school property but you still have the right to remain silent. And a teacher cannot interrogate a student...interrogation requires custody and a teacher cannot arrest you. But, if a student sayign something will result in legal troubl;e than you have the right to remain silent. However if it will only result in suspension or something less than criminal offense than you may not have the right to remain silent but they wouldnt punish you too harshly for something you dont say.
2007-07-14 03:39:35 · answer #3 · answered by darkestsith 2 · 1⤊ 1⤋
It all depends on the state you live in. Most states have laws that prevent students from being treated in this way and require that a parent be present before a child is questioned. It depends on what the child is being questioned about. If it relates to criminal behavior or behavior that could result in the child's being suspended or expelled, a parent should be present. The student has the right to remain silent until a parent is called and can be present.
2007-07-14 04:11:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Magnus is physically powerful. college is the sole place the place the crucial can legally signify you against your appropriate activity. many mum and dad learn this after this is too overdue. Penalizing you for exercising habitual an precise is actual organic in a putting that teaches you on the subject of the Consitution and this is protections. "The declare and exercising of a Constitutional correct can not be switched over right into a criminal offense." ~ Miller vs u . s . a . yet college, at the same time as a central authority entity, isn't the courtroom and additionally you haven't any longer any criminal protections there. merely ask Samantha Redding as Magnus stated.
2016-10-01 14:30:44 · answer #5 · answered by ? 4 · 0⤊ 0⤋
the information you give during an interrogation is voluntary ...nobody can force you to speak unless they use physical force. So YES you ALWAYS have the right to remain silent.
But I agree with sweet pea... if the teacher wants to know why you didn't do your homework or why you missed class..he has the right to know and you better have a good answer.
2007-07-14 03:38:39 · answer #6 · answered by Anonymous · 2⤊ 0⤋
Is he/she under arrest. No. He/she can choose to remain silent, but it will most likely result in further problems.
In the long run... Just do the right thing.
2007-07-14 03:48:01 · answer #7 · answered by Robert S 6 · 0⤊ 0⤋
If it was for something the student did that was against the schools code of conduct then maybe but only if they do not get violent and invade your personal privacy
2007-07-14 03:41:00 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I dunno but my teachers you to demand lots of info from me....
Who killed abe lincoln?
How did the great fire of Chicago start?
How did the civil war start
never thought to I had the right to remain silent, I think I shud tho cause i didn't have nutten to do with any of dat. I hate it when they try an pin crap on ya you
2007-07-14 04:02:25 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Why kind of information? The kind to find out if you've done your homework or personal information like who your parents are? Please be more specific.
2007-07-14 03:37:19 · answer #10 · answered by Anonymous · 1⤊ 0⤋