if i get in trouble in school can i plead the fifth?
2007-10-19 06:30:05 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes you can!!! It is your right. The admendments of the constitution do apply at school. Even if they tell you otherwise.
2007-10-19 06:35:14 · answer #1 · answered by Why Do I Have To Wear Clothes... 5 · 0⤊ 1⤋
You can certainly claim to plead the fifth, but the law won't back you up. According to the fifth amendment,
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury...***nor shall be compelled in any criminal case to be a witness against himself***".
Unless you are the defendant in a criminal court case at school, then the fifth amendment doesn't protect you.
2007-10-19 06:41:19 · answer #2 · answered by Chris W 1 · 0⤊ 0⤋
Pleading the 5th has greater to do with attesting in court - you refuse to respond to because of the fact your answer must be self-incriminating. whilst a police officer arrests you, you could stay silent. Technically, those are no longer an identical, yet they stem from a matching source. greater importantly, you could continuously refuse to furnish an answer for any reason. needless to say, while you're uncooperative, the important can take action against you.
2016-12-18 11:52:58 · answer #3 · answered by louthan 4 · 0⤊ 0⤋
No.
It only applies in criminal cases.
Remember also that a school can punish you without proof. Pleading the 5th is an admission of guilt either of the crime in question or of another crime (that would become evident in your testimony). Thus pleading the 5th would do more harm than good even if you tried it.
2007-10-19 06:39:22 · answer #4 · answered by Showtunes 6 · 1⤊ 0⤋
You can plead the fifth any where is is a Constitutional right.
2007-10-19 06:35:06 · answer #5 · answered by woodster 4 · 1⤊ 1⤋
Sure! It would certainly lighten the moment and maybe make the teacher or principal laugh, which could be helpful to your cause, but other than that, it won't do a bit of good. (I'm sure there have been others before you who have tried it.)
2007-10-19 06:34:30 · answer #6 · answered by Anonymous · 1⤊ 0⤋
You can but then the school also has the right to punish you anyway. You'd be unlikely to win any constitutional case against them concerning this.
2007-10-19 06:36:15 · answer #7 · answered by SMS 5 · 0⤊ 1⤋
No. It is not a court. You basically have no rights in school.
2007-10-19 06:47:34 · answer #8 · answered by sensible_man 7 · 1⤊ 0⤋
Under what law were you arrested ?
Oh- not arrested ...then your purpose was.....what ?
2007-10-19 06:39:07 · answer #9 · answered by sirbobby98121 7 · 1⤊ 1⤋