Show of HandsShow of Hands

Show Of Hands November 15th, 2012 12:00am

Should school administrators need to read Miranda rights ("you have the right to remain silent...") to students if they are questioning them about potentially criminal activity?

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averman Almost Heaven
11/20/12 12:09 am

People watch WAY too much TV. We only Mirandize suspects prior criminal questioning. If that suspect happens to be a juvenile, a parent/guardian must be present before any question is asked. Stop watching "cop dramas" and thinking you know our job as Law Enforcement Officers better than we do.

11/19/12 11:59 pm

No! It's not an arrest by a sworn officer of the law; no Miranda rights.

11/18/12 3:20 pm

Miranda applies to arrest only.

dispatcher Tennessee
11/18/12 2:53 pm

Schools don't need to investigate criminal acts.

xxclixxx Rhode Island
11/18/12 11:50 am

schools shouldn't be prosecuting criminal acts

spyman123 Virginia
11/17/12 12:02 pm

Ultimately it comes down to age if the student is under 18 then no if 18 or older yes.

11/17/12 5:05 am

Kids should not be read their rights at school. The parents should be read their rights by police. It is a criminal act and the parents should be present when the kids are questioned. Children can be read rights but not understand them. Parents should be there.

ReaganRepublican Oregon
11/17/12 12:29 am

Breach of fundamental rights young adults are less likely to know of their rights

11/16/12 9:49 pm

Kids need to know their rights so they can protect themselves.

commonsense America isnt racist
11/16/12 6:35 pm

@pal, I was merely informing people that officers of the law (court as well) only read Miranda when investigating.

In this case, teachers are not officers. They are employees. No child should be questioned in relation to a crime without their parents present.

11/16/12 5:05 pm

Yes my little guy would confess to killing JFK just to getaway from his 3rd grade Nazi teacher. She had him suspended for yelling "I'm gonna kill you" to the three bigger kids who held him down and rubbed his face in the gravel. But felt it necessary to report his "threat".

11/16/12 4:58 pm

Sounds like my son in 1st grade, I was called in because he was mooning kids in the bathroom. I pulled up his shirt in front of the admin. to show that my small guy was wearing elastic waist pants with no fly. What else was he supposed to do?

babyboomer1 The flatulance express
11/16/12 2:55 pm

Miranda is for in custody interrogations and schools officials should not be bound by the law. Private citizens are my bound by the law as its intended for law enforcement.

palindrome California
11/16/12 2:12 pm

The officer is free to ask questions before an arrest, but must inform the suspect that the questioning is voluntary and that he or she is free to leave at any time.
[that's from your link]
Therefore, if school admins. hold a student for questioning, either they read rights or kid can walk

palindrome California
11/16/12 2:07 pm

"The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer.... Etc"
That's the opinion of the Chief Justice

palindrome California
11/16/12 2:06 pm

Uh, you're not aware with court decisions are you?

palindrome California
11/16/12 2:03 pm

Snuff- haha you're cute

11/16/12 10:52 am

No one, including the police, should have to read the Miranda rights. In this case, Miranda rights don't apply regardless because a student is not in custody (under arrest) and under interrogation- the only situation in which Miranda applies (part of case law)

commonsense America isnt racist
11/16/12 8:18 am

There is no law that says that the law enforcement officers HAVE to mirandize you or inform you of your
rights. They only read the Miranda Rights only within interrogation.

natejgardner Edmonds, Washington
11/16/12 8:10 am

No one needs to read or give students rights. Students always have God-given rights and thus they do not need to be read to the student. A student should know his rights and use them with good judgement. If a situation seems like the best option is to not speak, he should not speak. It is a right.

Marion Pleasantly Flexible
11/16/12 8:09 am

Don't they still teach civics in public schools?

PetePuma Oregon
11/16/12 1:28 am

stepped in and the whole thing was dealt with rationally.

PetePuma Oregon
11/16/12 1:27 am

The reasoning is clear in light of some very bad decisions made by administrators. No parents, no talk. Here in Oregon, they questioned two 12yo boys for being involved in a slap-butt game, w/no parents. They arrested the boys and they almost got tried as sex offenders. Luckily, real adults stepped

PetePuma Oregon
11/16/12 1:23 am

My family abides by a strict rule, given to all kids: If you are called in to be questioned about possible illegal activity (ie: inappropriate touching, theft, vandalism, etc) or having any doubts, you are to say ONLY that you will not speak until your parents are present. Then say nothing.


11/16/12 1:00 am

I said yes, but if activity DOES turn out to be criminal and the authorities become involved any statement made to school officials shouldn't be held against them in court.

Ace21 Fillmore, San Francisco
11/16/12 12:30 am

Miranda warnings only apply when a person is seized by the authorities (ie under arrest). Even assuming that school administrators are authorities for the purposes of Miranda, they do not have arrest powers. Hence Miranda rights need not be given

Asterix Florida
11/15/12 9:59 pm

if the police don't then what the accused says can not be used in court. since school administrators are an authority figure then what the accused says should also not be usable.

shannynh Arizona via SF Bay Area
11/15/12 9:26 pm

If anything they say could be held against them in court, then absolutely. And a parent should be present in case of diminished capacity of a minor understanding their rights. I also wouldn't want my child being lead to say something they don't really mean or understand.

Pragmaniac Hipsterville
11/15/12 9:22 pm

Get them into system now. Save time.

palindrome California
11/15/12 9:13 pm

Uhhh........ Idk how they do things in the sticks out there but many school districts have district police

11/15/12 9:08 pm

Wtf? They're not under arrest. Does the student have to say anything? No, but if they do then its on the student. As a parent do you read your kid the miranda rights before questioning them? Lol

11/15/12 9:03 pm

Only if the administrator is currently a law enforcement officer. Let's see, how many would that be...probably zero, since one cannot be doubly employed by the school district and the police force, counting the same hours to both jobs

snuffulufugus Missouri
11/15/12 8:47 pm

Hey palindrome- police are police it's not an abstract idea.

SouthernG Man Cave
11/15/12 8:47 pm

I agree with the Miranda rights requirement.. That said, one could Los argue diminished capacity in understanding Miranda rights when administered to a minor. In all cases, parents should be present.

pinkyusuck The Carribean. I wish.
11/15/12 8:43 pm

@EarlyBird, I would scold her for being careless enough to get caught.

pinkyusuck The Carribean. I wish.
11/15/12 8:38 pm

Not unless they're also going to turn them over to the cops afterward.

TopsQueen Oregon Coast
11/15/12 8:35 pm

Many kids nowadays go to school with the idea or attitude you cannot tell me what to do. Or I know my rights. My husband is a high school teacher and has been so for 37 years. He has an extremely effective and very popular teacher.

11/15/12 8:32 pm

What boat chief said ... Administrators have no business investigating illegal activities

snuffulufugus Missouri
11/15/12 8:28 pm

Not blaming you waytogo but I should have not named myself snuffulufugus because everyone calls me snuff and that makes me sound like a drug addict.

11/15/12 8:05 pm

Administrators shouldn't determine guilt

hazel Tennessee
11/15/12 7:56 pm

Yeah.....what BoatChief said.

11/15/12 7:55 pm

Yes we need schools to exercise these authorities to maintain proper discipline

11/15/12 7:36 pm

School officials should not be dealing with illegal activity. If a student is suspected of committing an illegal act, the proper authorities should be called in and they will administer the Miranda rights if needed and notify the parents/guardians of the student.

Tarheel15 Chapel Hill
11/15/12 7:24 pm

Absolutely. Just because a person is in school doesn't make them less of an American citizen or have any less rights.

palindrome California
11/15/12 6:56 pm

Testimony that has been procured by school administrators (recordings, written admissions of guilt etc) should be void and thrown out of court unless the Miranda rights have been read.

11/15/12 6:49 pm

Schools! One of the few places in the country where people have no rights!

TideGal CFL
11/15/12 6:48 pm

Maybe not Miranda rights, but if minors are involved, then the parents should be notified before the questioning begins to determine if legal representation is warranted. A child would not understand this fully.

palindrome California
11/15/12 6:35 pm

Obviously the answer to this is to keep school administrators out altogether. However, the fact is that they are oftentimes involved. And more often than not, when they DO investigate criminal activity, school police are also involved. Miranda rights apply.