Do you always have the right to remain silent?

Even if you aren't arrested and not being questioned by police do you have the right to remain silence? For example if a teacher asks you a question can you plead the fifth or is there something else?|||The right to remain silent is usually in the context of police interrogation in the US as it is protected under the 5th amendment to the US Constitution. You have that right even if you are not arrested and even if you are not being interrogated by law enforcement. If, however, you refuse to answer your teacher or respond to his or her questions, then you may suffer the consequences of your failure or refusal to answer questions. Those consequences are different from legal, judicial or criminal consequences. They may entail consequences like suspension or loss of privileges, for which loss you may have no recourse. To give a better answer, more facts would be needed concerning the context of the questioning.|||Yes|||You can always remain silent. That does not mean you will not be penalized for it. In school, this will result in suspension and expulsion.





Your right to remain silent applies in legal proceedings only, and even there, it ONLY applies to self incrimination. You may not refuse to answer for any other reason without facing penalties.|||Yes and no. No, you do NOT have the right to plead the 5th when a teacher is talking to you.|||The right to remain silent has been interpreted by courts to include anything that would be incriminating against yourself.





Also, it's a legal thing, not an educational thing. If a lawyer were to ask you on the stand in a court proceeding: "What is the square root of 48692" and you knew the answer would incriminate you, you could refuse to answer. If a teacher were to ask you the same question in a classroom, you have the God-given right to not answer, but not a legal right. So if you choose not to answer, you are subject to any punishment the teacher thinks is necessary for the situation.|||That phrase does not appear in the constitution. The actual fifth amendment provides that in any criminal prosecution, the accused may not be compelled to present testimony against himself. Teachers are not prosecutors, and a question may not lead to evidence of a crime so the answer is no.|||Yes.





That's a funny question. It reminds me of the beat cop conversation in the neighborhood of bars.





p.s.


Allow me to elaborate, questions can be asked in forms that 'lead' in an illogical manner that result in misrepresented facts, etc.





An unwitting individual can provide a biased individual with enough information to misconstrue it or use it for illegal means (meaning biased). This is why the 5th amendment exists, there are very shrewd and corrupt individuals who can attempt to take advantage of others who are not prepared for such circumstances. In God we trust.