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Teacher under fire for informing kids of their Fifth Amendment rights

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Re: Teacher under fire for informing kids of their Fifth Amendment rights

#121
post #43

The teacher should be in hot water for teaching the 5th amendment incorrectly. From the text of the amendment: "No person shall be... compelled in any criminal case to be a witness against himself..." The 5th amendment gives people the right to refuse to testify, as a witness , in a way that might incriminate oneself. Relatedly, it excludes self-incriminating statements in certain circumstances from evidence in crimi…

>The 5th amendment gives people the right to refuse to testify, as a witness, in a way that might incriminate oneself.

I'm not American, but I'm pretty sure the fifth amendment applies to any and all self incriminating statements that can be used to support a criminal charge against you. This is the entire reason police advise you of these exact same rights at the moment of arrest.

By your explanation, anything you say to a police officer or other figure of authority (in this case the school) that leads to criminal prosecution is fair game. That simply isn't the case.

Entire context:

nor shall (a person) 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;

Witness is in reference to the general action; not just sitting on a stand.

Re: Teacher under fire for informing kids of their Fifth Amendment rights

#122

He had two obligations, his moral obligations to his students and his obligation as a school system employee, which were in conflict. He choose his moral obligation to his students, but in doing so violated his obligation as a school system employee. The school system did not ask him to perform anything illegal or definitively immoral. It is therefore correct for the school system to punish him for this violation.

If the school system asked him to do something, anything that is in conflict with his moral obligations to students - as you claim - then it DID ask him to perform something immoral.

I should have been clearer. From his point of view he had a moral obligation to his students. I actually don't think he did.

The school system should be following a combination of legal code and the generally accepted morals of the community they represent. Notification was provided to parents. Parents could opt out and there was no general movement by parents to prevent the survey. The school therefore didn't ask him to do anything which is "definitively immoral".

People including myself have to make judgements like this at different times during their career. I have worked for companies which have asked me to perform actions which I personally have found against my moral code but which aren't illegal and may not be considered immoral by society as a whole. Sometimes I have done them and other times I have not. It has depended on how large of a violation of my own moral code I though it was. Anytime I have refused I have fully expected and received negative reactions from my employer. To actively interfere with the goals or requests of your employer and not expect a negative reaction is just idiotic.

Re: Teacher under fire for informing kids of their Fifth Amendment rights

#123

He had two obligations, his moral obligations to his students and his obligation as a school system employee, which were in conflict. He choose his moral obligation to his students, but in doing so violated his obligation as a school system employee. The school system did not ask him to perform anything illegal or definitively immoral. It is therefore correct for the school system to punish him for this violation.

If the school system asked him to do something, anything that is in conflict with his moral obligations to students - as you claim - then it DID ask him to perform something immoral.

I should have been clearer. From his point of view he had a moral obligation to his students. I actually don't think he did.

The school system should be following a combination of legal code and the generally accepted morals of the community they represent. Notification was provided to parents. Parents could opt out and there was no general movement by parents to prevent the survey. The school therefore didn't ask him to do anything which is "definitively immoral".

People including myself have to make judgements like this at different times during their career. I have worked for companies which have asked me to perform actions which I personally have found against my moral code but which aren't illegal and may not be considered immoral by society as a whole. Sometimes I have done them and other times I have not. It has depended on how large of a violation of my own moral code I though it was. Anytime I have refused I have fully expected and received negative reactions from my employer. To actively interfere with the goals or requests of your employer and not expect a negative reaction is just idiotic.

Re: Teacher under fire for informing kids of their Fifth Amendment rights

#124

He had two obligations, his moral obligations to his students and his obligation as a school system employee, which were in conflict. He choose his moral obligation to his students, but in doing so violated his obligation as a school system employee. The school system did not ask him to perform anything illegal or definitively immoral. It is therefore correct for the school system to punish him for this violation.

If the school system asked him to do something, anything that is in conflict with his moral obligations to students - as you claim - then it DID ask him to perform something immoral.

I should have been clearer. From his point of view he had a moral obligation to his students. I actually don't think he did.

The school system should be following a combination of legal code and the generally accepted morals of the community they represent. Notification was provided to parents. Parents could opt out and there was no general movement by parents to prevent the survey. The school therefore didn't ask him to do anything which is "definitively immoral".

People including myself have to make judgements like this at different times during their career. I have worked for companies which have asked me to perform actions which I personally have found against my moral code but which aren't illegal and may not be considered immoral by society as a whole. Sometimes I have done them and other times I have not. It has depended on how large of a violation of my own moral code I though it was. Anytime I have refused I have fully expected and received negative reactions from my employer. To actively interfere with the goals or requests of your employer and not expect a negative reaction is just idiotic.

Re: Teacher under fire for informing kids of their Fifth Amendment rights

#125
post #43

The teacher should be in hot water for teaching the 5th amendment incorrectly. From the text of the amendment: "No person shall be... compelled in any criminal case to be a witness against himself..." The 5th amendment gives people the right to refuse to testify, as a witness , in a way that might incriminate oneself. Relatedly, it excludes self-incriminating statements in certain circumstances from evidence in crimi…

The survey is compelling students, under color of legal authority, to confess to crimes. This confession can later be construed as "discoverable evidence" leading to actionable charges.

The objection here is to "fishing expeditions" wherein evidence is gathered en masse under an innocent pretext, and later (whether planned or not) an authority could gain access to that information and use it against the coerced students. Example: survey occurs, police find evidence of drug crimes with tenuous connection to a particular student, survey results are demanded via warrant by police, confession by student in question is revealed and a whole lotta other students' confessions are found and subsequently acted on.

That the evidence was elicited prior to development of a criminal case does not excuse compelling students to confess, whoever to, to otherwise unidentified crimes. If the evidence exists at the onset of criminal investigation, it cannot be recalled by the suspect under 5th Amendment grounds. That the confession is elicited by the state, to wit the public school, compounds the issue: the government is not allowed to demand evidence of criminal culpability without warranted cause, which is exactly what the school in question was doing.

Re: Teacher under fire for informing kids of their Fifth Amendment rights

#126
post #24
post #18

Earlier quoted context omitted.

I've hounded my kids on "the expected answer" many times. Recently my son was told to write an essay on gun control. I shudder to think what might've happened had he not given the expected conclusion on that one.

What is the expected opinion on that. I'm not from the US.

School teachers and school administrations tend to be skewed leftist / liberal relative to the average of the country as a whole.

Therefore, a student speaking in favor of 2nd Amendment rights or coming out sounding too "pro-gun" might find himself tagged for observation by the administration as an "extremist" or a potential threat.

Re: Teacher under fire for informing kids of their Fifth Amendment rights

#127
post #69
post #41

Earlier quoted context omitted.

Never blame on malice what can be blamed on incompetence. In this case my capacity for outrage is exhausted. I've been through too many permutations of this particular type of outrage that this is in line with my expectations. And yes, if the survey is as described, the teacher should be commended. Not punished. But that's out of my hands, though if someone gives me someone to email, I will do so.

> Never blame on malice what can be blamed on incompetence. So, does the early bird get the worm or do good things come to those who wait? We're maybe too inclined to just assert these sorts of things as fact. (This includes me.)

I agree!

Someone who attributes to incompetence too regularly is one we may call a "chump" or a "sucker" and is an easy mark for charlatans of all stripes. If I don't get taken for a fool occasionally, maybe I could have a little more human faith. If I get taken for a fool all the time, I should get pissed off more.

Re: Teacher under fire for informing kids of their Fifth Amendment rights

#128

> The survey is part of measuring how students meet the social-emotional learning standards set by the state. What are "social-emotional learning standards"??

Edu-babble word for "age-specific maturity" and similar concepts.

i.e. does the child behave with typical maturity for a child of his age?

Re: Teacher under fire for informing kids of their Fifth Amendment rights

#129

"But John Dryden said he's not the point. He wants people to focus on the issue he raised: Whether school officials considered that students could incriminate themselves with their answers to the survey that included questions about drug and alcohol use." To me, that sounds like an unusually thoughtful social studies teacher. He is relating the general concepts that he is hired to teach his students to a real-world s…

He sounds a lot like my social studies teacher in high school. He was the best teacher I ever had because he was a complete, utter bastard. He didn't care if you had the right answer, you had to back it up with facts. He gave us 5 page papers to do every night and a 10 page research paper every semester. Both of those things were crucial to my development of critical thought and being able to communicate it, something nobody else bothered to teach, even in college.

He was fired a few years after I graduated. Which wasn't surprising - he constantly pissed off the school board and other teachers. Dryden sounds a lot more politic than my teacher was.

Re: Teacher under fire for informing kids of their Fifth Amendment rights

#130
post #65

Earlier quoted context omitted.

If my daughter answered that she was using drugs on a survey, with her name on it, which was then publicly released, it could have serious ramifications. That information could do serious harm to her future prospects if anyone grabbed the data and started making hiring decisions. Or grabbed the data and started blackmailing. If I had a daughter, anyway. Frankly, the schools shouldn't have that information, it's dange…

Interesting take on it. I attribute this more to their incompetence and plain 'ol stupidity. I imagine people who can think better in general don't aspire to be school administrators. Some teacher perhaps love teaching kids and are dedicated, administration and bureaucracy attracts a special breed of people... and let's just say that these are not usually the brightest either. But what they have learned and do well i…

> I imagine people who can think better in general don't aspire to be school administrators.

People who can think better in general don't say stupid things like this.

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