Right to Remain Silent

[Zohar]

I am from San Diego, California.

Hello there,

I am currently in high school, I have a question thoe. I have a big problem with one of my teachers who is a male in his upper 40's. He seems to pick on some men in my class for doing very little things. I was called out of class today to go outside for laughing. I am wondering, do I have the right to remain silent? For example, when he called me outside he started talking to me, raising his voice, interrogating me, I don't blame him to much as I "disrupted the learning experience" but I wanted to stand outside and not say a word while he talks to me and asks me questions. Is that allowed? Do I have that right and am I allowed to tell him I have the right to remain silent and not say a word?

Thankyou for your time.

 

[tranquility]

The fifth amendment is a complex and subtle beast. You have the absolute right to remain silent, except..well, except for things. Go ahead and not say anything. There should be no additional governmental problem from that in the situation you describe. Are you sure you want to play this one this way?

 

[hmtito]

5th Amendement Does NOT Apply

US Constitution
Amendment V.

Grand Jury Indictment for Capital Crimes; Double Jeopardy; Self-Incrimination; Due Process of Law; Just Compensation for Property


No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The 5th amendment offers protection against self-incrimination in criminal cases, NOT the classroom. The language "right to remain silent" is from Miranda warnings police recite when placing someone under arrest.

 

[quincy]

The Fifth Amendment may not apply in Zohar's case, however he still has the right to remain silent. In fact, his teacher would probably prefer it if Zohar exercises that right a little more often in the classroom.

 

[Zohar]

Thanks for your time, and Quincy, that was a funny post