5th amendment violation???

[michelledante]

What is the name of your state? NH

My 14 year old daughter was recently involved in a figth in school, for which she is being charged criminally. When I arrived at the school, she was in the Vice Principals office filling out some paperwork that I was informed was part of an incident report that would be part of her school file. I later found out that this was the second form that she filled out because she was told that the first one "was not good enough" and "needed more detail".
Upon review of this paperwork she was filling out, I discovered that it was not an incident report, but a voluntary statement for the police department. I am feeling that my childs rights have been violated. Any advise for recourse?????

 

[Zigner]

Your child voluntarily wrote out a statement as to what happened. What rights do you really think were violated?

 

[michelledante]

My daughter did not voluntarily write anything, she was told to do so by the school, without my permission. I especially have a problem with the fact that the school made her fill out a statement, not intended for the school, but for the police department. When you are being questioned in a criminal offense, or writing a "voluntary" statement that will be used against you in court, shouldn't you be informed of your rights? And what right does the school have to be involved in a police matter?

Thanks for your response

 

[Silverplum]

My daughter did not voluntarily write anything, she was told to do so by the school, without my permission. I especially have a problem with the fact that the school made her fill out a statement, not intended for the school, but for the police department. When you are being questioned in a criminal offense, or writing a "voluntary" statement that will be used against you in court, shouldn't you be informed of your rights? And what right does the school have to be involved in a police matter?

Thanks for your response

She doesn't have any "rights" in this instance.

The school has every right to be involved: your daughter (apparently) committed a crime on their grounds.

You're reaching. Your time would be much better spent parenting. And in hiring an attorney, if you wish.

For that matter, spend a moment considering what post you'd be writing if your child was the one who was assaulted at school...

 

[Zigner]

Speak to your child's lawyer. However, you said in your original post that it was a voluntary statement.

 

[michelledante]

Silverplum,

I appreciate your response. But I respectfully disagree with the statement that she has no "rights". If she committed murder, she would still have rights. And because the fight occured on school grounds does not mean that her constitutional rights are non existant. Yes, the school has every right to be involved, but not to the point that they are having her fill out a voluntary statement that will be used against her in court, for the police department. I believe that it is the police departments job, not the schools. Even if it were the police department who requested she write the statement, when it is involving self incrimination, she needs to be aware of her rights, and being that she is a minor, the police need to get parental consent. Am I wrong??

 

[Just Blue]

Am I wrong??

Yes. You are wrong.

 

[Silverplum]

Silverplum,

I appreciate your response. But I respectfully disagree with the statement that she has no "rights". If she committed murder, she would still have rights. And because the fight occured on school grounds does not mean that her constitutional rights are non existant. Yes, the school has every right to be involved, but not to the point that they are having her fill out a voluntary statement that will be used against her in court, for the police department. I believe that it is the police departments job, not the schools. Even if it were the police department who requested she write the statement, when it is involving self incrimination, she needs to be aware of her rights, and being that she is a minor, the police need to get parental consent. Am I wrong??

You're incorrect.

She has "human rights," and that is about all. Not "Constitutional rights." She's a minor.

You might wish to consult a local attorney.

 

[michelledante]

voluntary statement

I said it was a voluntary statement, because that was the heading on the paperwork. A statement she made without being notifed of potential charges, of her right to remiain silent, and without the consent of her parent. It is my opinion that her rights are no different than that of an adults.

 

[Zigner]

Yes, the school has every right to be involved, but not to the point that they are having her fill out a voluntary statement...

Please see the bolded, underlined phrase above...
Repeat it
Repeat it
Repeat it

Now, take a breath...
Call a lawyer...
Love your child...
But discipline her appropriately (which may include forcing her to accept the consequence of her actions).

 

[Silverplum]

I said it was a voluntary statement, because that was the heading on the paperwork. A statement she made without being notifed of potential charges, of her right to remiain silent, and without the consent of her parent. It is my opinion that her rights are no different than that of an adults.

You're free to have an incorrect opinion. I don't know why you'd want one, but you sure can have it.

 

[michelledante]

can you name one credible source which states that minors have no constitutional rights?

 

[Silverplum]

can you name one credible source which states that minors have no constitutional rights?

Can you name one that says they DO?

It's your problem. YOU need to read, learn, hire an attorney, whatever. We have led you in the correct direction...I'm not going to run about and *prove* legal theories to you.

 

[Zigner]

can you name one credible source which states that minors have no constitutional rights?

Can you tell us what your daughter's attorney says about the VOLUNTARY STATEMENT?

 

[michelledante]

Look on this web site, there is ample information on the rights of juveniles.

Look I am not one of these parents that think that their kid can do no wrong. And I'm certainly not turning a blind eye to my childs behavior, nor looking for a reason to exceuse her behavior. There is much more to the story than I care to write. I am simply trying to educate myself on something I perceive to be a wrongdoing. I know what to do about my daughter, I don't know what to do about the situation with the school. If I'm wrong, so be it, won't be the first, and certainly not the last.