Friday, December 2, 2011

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? If you are asked if you did something that is against the rules can you plead the fifth?|||No.





Firstly, your constitutional rights do not (for the most part) apply at school. The school can pretty well do anything that your parents can do to you while you are there.





"Pleading the fifth" refers to your 5th Amendment right against self-incrimination. In order to exercise that right, there must be a reasonable apprehension of prosecution for a crime. Your right to remain silent stems from your 5th Amendment right and only applies when you are in police custody.





So, unless the question is "tell me about the actual crimes you have committed" you can't plead the fifth if a teacher asks you a question, even if it concerns some wrong-doing that isn't a crime.|||Yeah. You have freedom of speech. It implies you have freedom from speech; you aren't required to speak.





You can only plead the fifth in court when testifying under oath, that is the only time the amendment protects you.|||that may get you in more trouble than you would be in had you spoken|||fifth amendment right against self-incrimination only applied in criminal cases. Like when the police question you. Of course you have the right to remain silent and look blankly at them like they're speaking Russian or something.|||Martha Stewart was convicted of lying to police because she refused to confess to any crimes.

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