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.
11/17/12 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.
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?
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
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
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)
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.
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
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
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.
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
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.
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
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.
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 6:48 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.
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.
Comments: Add Comment