Do Your Miranda Rights Stop at the Schoolhouse Door?

The Kentucky Supreme Court is deciding a case that tests the limits of self-incrimination in a public school setting.

From the Kentucky Enquirer:

The Kentucky Supreme Court is considering a case from Nelson County that could require school officials to give the Miranda warning – You have the right to remain silent. Anything you say can and will be used against you ... – when questioning a student with a school resource officer present.

Principals frequently work with such officers – there are 254 sworn police working in Kentucky schools, according to the Kentucky Center for School Safety, and up to 60 percent of schools nationwide have one on campus....

The case involved a student who copped to giving a fellow student two prescription pain pills after being questioned by his school's principal and assistant principal. Also along for the ride was an armed "school resource officer," who ultimately charged the student, known only as "N.C." with "illegally dispensing a controlled substance." N.C. ended up doing 45 days in jail. His lawyers argue that he was never read his Miranda rights and hence his admission of guilt to the authorities should have been tossed.

Who could be against enforcing the very constitutional rights that schools are supposed to teach kids? Well, school administrators for one. Here's Wayne Young, head of an administrators group:

“If a crime is being committed in school, if somebody is handing out pain medication, I don’t think we should be troubled with constitutional niceties.”

In a similar case from last year, the U.S. Supreme Court ruled that a kid's age should be taken into account when determining whether Miranda applies. The idea is that kids are more likely to feel pressured to cooperate than adults, so they should be given more information about their rights and whether they can leave an interrogation or not.

Whole story here.

Headline allusion is to the 1969 decision in Tinker v. Des Moines, a student free speech case in which the Court ruled that students don't shed their rights when they show up for compulsory edumication.

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  • The Late P Brooks||

    The single most important lesson taught in schools today is WE OWN YOU.

  • Ted S.||

    As I say every time somebody brings up how "we must do something about" bullying, the state is the biggest bully of them all.

  • The Late P Brooks||

    up to 60 percent of schools nationwide have one on campus....

    Nothing says, "Investing in America's Future" like paying some pig union wages and benefits to sit on his ass ogling teenage girls' (and more likely than not boys') asses all day.

    FORWARD!

  • Almanian.||

    “If a crime is being committed in school, if somebody is handing out pain medication, I don’t think we should be troubled with constitutional niceties.”

    Oh, good! Then you won't mind if I kill you right here for violating other people's rights. Since you aren't "troubled" with dispensing with "niceties" like a trial, or even being charged with anything.

    Right? We good!

  • BarryD||

    "If somebody is handing out pain medication..."

    Why is this even a crime?

    Seriously. Why?

  • Almanian.||

    Because teh childrunsz and....gateway...and something something drugs r bad, mmkay?

  • The Derider||

    I think it's a good thing that schools attempt to interdict kids giving each other prescription painkillers.

    Kids probably learn more when they're not rolling on Percocet.

  • Ted S.||

    Ah, but what are they learning?

  • ||

    We had traitors during the Revolution, too.

    We called them Kentuckians!

    /ghost George Washington

  • Chris Mallory||

    Fuck you.

  • ||

    Hey pal, it's a Simpsons joke, take it easy. I grew up in Kentucky, before moving to Texas.

  • SugarFree||

    Fuck you.

  • ||

    Damn, I just can't win today, can I?

  • Atreides||

    You won by moving to Texas.

  • ||

    Fuck you.

    Touchy!

  • Calidissident||

    Why does it not surprise me that you're from Kentucky?

  • NeonCat||

    Niceties are why we can't have anything nice.

    Why haven't our schools taught public self-criticism? How can we have a glorious future if our children aren't being taught the proper way to sacrifice for the collective?

  • BelowTheRim||

    Something Similar happened to me in spring of 2002. I was a Freshmen in HS and during my last period of the day one of the asswipe Asst Principals called me out of class asking about one of my lab partners and if I knew about him having any illicit drugs on him or in his locker. Mind you I was not friends with this kid at all, didn’t even like him as he was a total slacker, and the AP was pulling me out of class, when I had literally perfect attendance that year and was an honor student.

    Oh year, the AP in question threatened to tarnish my permanent record in case I wanted to hold out on him. Full disclosure, the kid had briefly mentioned some illicit substances and I rolled over on him and felt terrible about it and still do as I should. Mind you I was only 15 and not the kind of rabble rouser against authorities I am now. Needless to say that moment was a big one in my awakening against public education and the state in general.
    I just thought it was worth sharing and that I very much wish I could go back and tell that AP to fuck off and basically crusade to get him fired from there.

  • sarcasmic||

    Oh year, the AP in question threatened to tarnish my permanent record in case I wanted to hold out on him.

    Something similar happened to me and I told the person to screw.
    After high school I tried to get into the military only to discover that my permanent record was tarnished with false allegations of drug dealing. I was rejected, and there wasn't a damn thing I could do about it.

  • Almanian.||

    So you CAN get fucked by your "permanent record".

    Shit - I thought that was all bullshit!

  • sarcasmic||

    Nope. When conducting background checks for security clearances they'll go all the way back to your high school record, maybe even further.

  • MattJ||

    It's BS that it's permanent, but not BS that it exists.

    When I was 25 my school district told me that they were preparing to destroy mine, and if I wanted to keep it, I would have to come down and pick it up. So I did.

    Contents: Teacher reviews, mostly. I was in the gifted program so all of my progress reports from the gifted teacher were in there, as well as the results of my IQ tests to get in and stay in the program. (I have a feeling that the presence of the IQ test results were the only reason why they notified me that I could come get my file) As part of that testing, there was some pyschological stuff as well. Nothing disciplinary was in the file, but I never really got into trouble in school.

    The only thing that was redacted was another student's name in one of my answers to one of the psychological questions I was asked in 2nd grade. My suspicion is that it was redacted before it went into my file, not after.

  • Zeb||

    Huh. I always thought that whole "permanent record" thing was bullshit. Why the fuck should a school keep (non-academic) records on you after you leave? (yeah, I know. Please don't answer)

  • ||

    Given how cynical you already are, sarc, I would hate to meet the ex-military version of you.

  • BelowTheRim||

    I get sick over this shit. Fuck that guy in my situation and in yours. They can make up whatever the fuck they want bc nobody gets to see their own record.

    My BP is rising sharply just thinking about it.

  • Loki||

    Holy fucking asscrackers, you mean all that "permanent record" stuff is real? Like others here, I always thought that was just bullshit they made up to scare kids into compliance. That's fucked up.

  • R C Dean||

    Who could be against enforcing the very constitutional rights that schools are supposed to teach kids? Well, school administrators for one.

    And lots of parents, for two.

  • The Heresiarch||

    Sounds like a great way to educate kids on how the state works. Step one: Mandate that all children go to school. Step two: Once in the institution, strip them of constitutional protections. Freedom wins again.

  • ||

    “If a crime is being committed in school, if somebody is handing out pain medication, I don’t think we should be troubled with constitutional niceties.”

    On the basis of that comment alone, I don't think the school distric should bother with certain niceties either; namely Mr. Young's continued employment.

  • Loki||

    "If a crime is being committed in school, if somebody is handing out pain medication, I don’t think we should be troubled with constitutional niceties."

    *Facepalm* "Constitutional niceties?" Really? The bill of rights is just a "constitutional nicety" now? What. The. Fuck. This Wayne Young douchenozzle should be stood against a wall and shot. When he complains about his rights just say "what, you mean those 'constitutional niceties'?"

  • vootann||

    Those dudes seem to know whats going on.

    www.Privacy-Webz.tk

  • BlogimiDei||

    Double Secret Probation for EVERYONE!

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