then convinced him to sign a confession. The Supreme Court again represented here by Justice Black, took exception and overturned the subsequent conviction: If courts are not allowed force people into confessing, schools should not force students into confessing anything, and should allow them to speak to their parents (since they are minors) before admitting to anything. The Fifth Amendment to the United States Constitution states, "no person shall be compelled in any criminal case to be a witness against himself." The Supreme Court interpreted this clause in Miranda v. Arizona , in which the Court required a suspect to be given specific warnings before he or she is subjected to custodial interrogation. These warnings inform the suspect that he or she has the right to remain silent , that anything the suspect says can be used against him or her, the suspect has the right to an attorney , and if he or she cannot afford an attorney one will be provided to him or her. In school if a student is given detention or called down the principal the student has the right to have a warning before being called down and has the right to remain silent “pleading the 5th.” Also, if there is ever a conflict with teachers giving detention the student has the right to call his or her parents as an “attorney” Couple Questions For Opposition: ?
Why should the schools be able to go against remaining silent if the government themselves is not allowed to do it? How would double jeopardy not promote injustice between students as the same students keep being jeopardized? Sources MLA Citations: “City of Hays, Kansas v. Vogt.” Ballotpedia, ballotpedia.org/City_of_Hays,_Kansas_v._Vogt. Head, Tom, and ACLU. “Here's a Look at Fifth Amendment Supreme Court Cases Over the Years.” Thoughtco., Dotdash, - cases-721532. Smentkowski, Brian P. “Fifth Amendment.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., 29 Nov. 2017, . “Law Student Connection.” "You Do Not Have the Right to Remain Silent: The Fifth Amendment Right Against Compelled Self-Incrimination Inside the School Setting" by Elizabeth Lentini (Law Student Connection), nysbar.com/blogs/lawstudentconnection/2012/02/you_do_not_have_the_right_to_r.html.
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