Supreme Court ruling, rising police presence in schools spur Miranda questions

Wading into this fray, the U.S. Supreme Court ruled last month that police must factor the age of young suspects they intend to question into their decisions about giving Miranda warnings. The split decision emphasized that children are more vulnerable to pressure than adults and stressed using common sense.

Washington Post

Whether as potential criminals or witnesses, way too often the rights of children are dismissed. Schools liken themselves as FBI investigators and drag unsuspecting students into the office to question them. I was subject to this once when somehow my name was thrown in a school rumor connected to vandalism on the football field. I was called into the principles office and interrogated. He even tried to trip me up and trick me.

Our school was locked down twice a year for a random dog sniffing raid by the police for drugs. The same (and wrong) students were always brought in for a physical search.

I had an assistant principle hang out in the girls bathrooms and actually peer into the stall while you were going to see if you were smoking. I felt this was a violation. No smokers need to be caught that badly that you watch girls go to the bathroom. When my mother called them on it, they basically told her to screw off.

Schools are a public place. Therefor the students regardless of age should be given the same credibility as the average citizen. Just because it happens on school grounds does not change the circumstances.
A child should never be interrogated without the parents involved, period.

I am dissappointed that the weak Supreme Court that we have just can't seem to rule in favor of civil liberties.

Just because they are children, doesn't mean they don't have rights. And because they are children, nothing should be done without the gaurdians involved.

reply to post by nixie_nox


The rights of children are often abused by authorities when in a school environment. Thats been going on for years. A few ways to educate your kids.

your locker is not a private space and it is easily entered by others. If a kid finds something in their locker, don't touch it and go to the school authorities. Even if its nothing serious, tell them someone is accessing your stuff, get a new lock and/or request a new locker.

if the school is looking to jam your kid up and giving them the third degree either by a member of the school staff or a police officer. Simply have them say "I choose not to answer any questions until my parents are present". In 90% of the situations, that will be the end of it. They are looking to pin something on someone and will move on to an easier target. Even if your kid did something wrong, he has the right to an adult presence when being questioned. What comes out of an interrogation in the principal's office can have serious ramifications and those conversations should be dealt with seriously.

Law enforcement should not be Interrogating, I mean, "questioning" minors without a parent (or lawyer) present, regardless of the level of "crime" or violation. I AM a law enforcement officer and MY own kids know NOT to talk to anyone without me present.

They tried this once and pressured one of my kids into a signed confession...until I got there. Then I undressed a school security officer in front of the principal for his tactics, tore up the "confession" and advised that not only would my kid be disciplined by them, but I threatened seek counsel to inquire the extent of their violations of their own policies to display they were not consistent with current law.

I encourage all of you to instruct your own children the same.

reply to post by nixie_nox


Man the stuff that come out these days about how kids are treated in schools just blows my mind! I can't believe the erosion of their civil liberties by twisting legal terminology and laws to the state's liking. It's just wrong.

When I was in school, which really wasn't that long ago ('97), it was NOTHING like this. No cameras, metal detectors, or cops on campus. We could come and go as we saw fit (usually for lunch) and had just a pretty basic dress code to keep people from wearing hoochie clothes.

As for your experience in the restroom Nixie, I really would have kicked her in the face if she stuck her head in my stall while I was going!

reply to post by dolphinfan


you bring up a valid point about preparing for kids for these kind of scenarios. I was far from a troublemaker and still managed to have an altercation. Even if you think that your kid wouldnt' be touched, a rumor can drag them into the office.
I think I will take your advice and coach mine to know to not say anything until a parent is there to defend them.

All these interrogations on kids, police getting involved, yet the schools can't protect kids from bullying.

IMO, schools and LE need to choose one:

1) The child in question has basic rights, including Miranda rights.

or

2) The rights of that child reside with the legal guardian of said child, in which case the guardian must be notified and present so that they can exercise these rights on the child's behalf.


Pretty simple, no? Of course, the bottom line is that some children - especially the younger ones - do not have the cognitive ability and judgement to understand these rights, let alone exercise them. For that reason, I think that parents must always be notified unless the child is 18 years of age or older (a legal adult).

I know I would be one hopping mad Mama if I found out that my 6 year old son's school had decided to let police question my child about ANYTHING without my express permission. I think that this should be a two-way street; While the school must respect my rights as a parent and an advocate for my child, I must accept the responsibility to BE a parent and an advocate for my child.

While I could totally go off on a rant about how parents who refuse that responsibility are the very reason we need such things as LEO and metal detectors in our children's schools, a little nagging voice in the back of my head keeps wondering if interrogations and metal detectors are being used in schools in order to get the population desensitized at a younger age. If a person grows up seeing and being subjected to metal detectors, pat-downs and questioning by the authorities on a constant basis, why would they ever expect anything different or suspect that those things are in violation their rights?

Just my two cents

Originally posted by nixie_nox

All these interrogations on kids, police getting involved, yet the schools can't protect kids from bullying.

That's pretty much how every authority works.

Cops and prosecutors farm and force merit points looking for easy fall guys for real crimes or fake crimes or anything at all just because the fiscal year is about to end and they need a stat boost. The Norfolk Four was not an isolated incident. There have been many prior and many post. Several investigators and attorneys and even judges from all over the country have testified to that fact.

Governments wage wars and call out enemies half a world away to win their merit points with voters.

All of it's pretend. Destroying lives seemingly at random to maintain an off-balance half afraid half feeling secure population to guide to and fro as the seasons dictate.

Originally posted by nixie_nox
reply to post by dolphinfan

 

All these interrogations on kids, police getting involved, yet the schools can't protect kids from bullying.

That is because most teachers, principal's and police where bullies in school, so they don't mind working in a place that they have fond memories of.