It is clear the evolution that the fourth amendment has carried throughout the years. In the court case regarding TLO v. New Jersey, the girl thought her rights were violated, but she just broke the rules and a search was conducted. In the case where the boys phone was confiscated and searched is an example of some loopholes that the fourth amendment has in schools. In certain circumstances you have to use the judgment that got you the job and take it from there. The school that the child attends will never be looked at the same by its students, based on the fact that the students cannot trust the school system.…
MEMORANDUM FOR RECORD FROM: AFCW/CS-30 SUBJECT: FIRAC -- Goss v. Lopez References: GOSS v. LOPEZ. Supreme Court of the United States. N.d. Print. 1.…
Darnell is a 5th grade student with a learning disability and attention deficit hyperactivity disorder. He has an issue with impulsive and inattentive behaviors that often get him in trouble in the classroom. Darnell has been suspended 26 times for about a combination of 30 days. He was told that he would still be provided services through in home tutoring during his suspension, but during his latest suspension he had only received services once so far.…
The Miranda warning includes what rights we have when we are being arrested or interrogated. Police officers or other law enforcement officers must tell a person their Miranda rights during an arrest. After the warning is given to someone being arrested, the person also has the right to speak to an attorney. These rights became a part of the Fifth and Six amendments that already existed in our U.S. Constitution.…
The Fourth Amendment of the Constitution of the clearly states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated” (“Fourth Amendment”). Its laws also apply to searches done by public school officials. Public school officials, such as vice principal Theodore Choplick, are not exempt from the Amendment’s dictates by virtue of the special nature of their authority over schoolchildren. On the other hand, school officials represent the State itself in carrying out searches such as this one and cannot claim the parents’ immunity from the Fourth Amendment. Vice principal Choplick not only violated T.L.O.’s Fourth Amendment rights, but also her Fifth Amendment rights.…
Miranda vs. Arizona is one of the most crucial U.S. Supreme Court cases ever held in the United States. The case causes the Supreme Court to redefine law enforcement procedures before interrogations. The decision that was reached by the Supreme Court addressed four different cases involving custodial interrogations. All of these cases are similar in the fact that there was a custodial interrogation where the suspect was not properly informed of his constitutional rights to remain silent and have a presence of an attorney. Additionally, in all of the cases besides Stewart v. California, the conviction was affirmed without any belief that there was a violation of constitutional rights ("Facts and Case").…
The Constitution and the Amendments are the basics of the US’s politics. However, sometimes, people, especially young people and teenagers, don’t have enough knowledge about it and so, they begin to abuse it as an excuse for any problem. Fortunately, in his “Why First Amendment still matters to students” article, Tony Mauro addressed this issue, but in a smaller scale, in schools and among students. To be more specific, according to Mauro, school officials often develop amnesia about the Tinker case, the case where a student was being violated of her rights by school officials, whenever a student deviates from some standard of behavior. Even though he had good intention when saying this, Mauro’s point of view was off target.…
Explain why it is important to ensure children and young people are protected from harm within the work setting. Everyone in a school environment plays their part in ensuring that children and young people are protected from harm and every child has the right to feel and be safe in their learning environment. Parent/carers entrust their children to the care of a school and should leave their children feeling confident that they are with competent adults who will keep their children safe and protected from harm.…
In criminal cases , the Fifth Amendment guarantees the right to a grand jury, forbids double jeopardy,and protects against self incrimination . It also requires that “due process of law” be part of any proceeding that denies a citizen “life, liberty or property” and requires the government to compensate citizens when it takes private property for public use. All of your miranda rights are you have the right to remain…
On a school campus, a student does not relinquish their constitutional rights but rather they are balanced with the rights of their classmates and teachers along with the school’s duty to provide a secure learning environment. However, nowhere in the fourth amendment or the constitution itself does it provide a differentiation between the rights of a minor and those of an adult so naturally one could infer that citizens under the age of 18 should be provided the same and equal protections as anyone over the age of 18, making this a very controversial subject . Despite this, the constitution has parameters in place that help distinguish the age of maturity for various situations such as legal voting and drinking age. Other amendments, depending on what they are and the circumstances of the event, are generally left up to the discretion of the judge and the…
The Supreme Court favor the school and said that is legal to do unreasonable searches and seizures, if it is disrupting the learning environment or is found smoking in school environment and the discovery of rolling papers near cigarette in her purse created suspicion that she might have marijuana or if the school has a suspicion, broke a rule, student committed or is committing a…
There has always been some level of student’s misconduct in school; however school recently changed the methods and polices to deal with delinquent behavior. Schools implemented zero tolerance policies which are punitive and based on deterrence theory. Therefore, many juveniles receive harsh punishments such as expulsion, suspension, and entrance to the juvenile justice system; creating the school-to-prison pipeline. The school-to-prison pipeline has damaging effects on an individual as the student is pushed out of schools; many students then find it difficult to gain an education and become stigmatized within society, thus pushing them to further delinquency. This pipeline tends to contribute to the racial and learning capability disparity…
Should free speech be Restricted for Teachers and Students? Teachers and students have a right to freedom of speech. All people have a say in things on what they believe is wrong. Freedom of speech gives people that right to express any opinions without restraint whether it’s about school uniforms, trigger warnings, and posting stuff online about your school. Free speech should not be restricted for teachers and students because one the First Amendment which gives people the right to speak their minds and two people should be honest with themselves.…
Throughout my research on the school to prison pipeline, I was able to identify where the main issues began and how it effects children as they grow up. There are certain policies and procedures that can be done to eliminate these issues that continue in the school systems. By setting up different recourses, this can eliminate the disparities among the students, and eliminate the harsh punishments that are set for these young adolescents. Within many schools, the use of harsh disciplinaries are set in place to control the minor infractions that the young adolescents create, but are these disciplinaries too harsh?…
Is due process required prior to an afterschool detention? In short, no. In long, the constitution states, in what is often called the Due Process clause, that “[No One shall]… be deprived of life, liberty, or property, without due process of law.” A detention, or suspension, or expulsion is considered a right that belongs to the student. It is not an enumerated right, but we as a country have decided to make it one by making school free and compulsory.…