3 ms·
This whole situation screams a breach of the poor boy's liberties. According to TEX. FAM. CODE §51.095 [1]: In order for a custodial written statement to be a
by marnett 11y ago
This whole situation screams a breach of the poor boy's liberties.
According to TEX. FAM. CODE §51.095 [1]:
In order for a custodial written
statement to be admissible, the following
sequence of events must occur:
1) the officer must take the child to a
magistrate;
2) the magistrate must then inform
the child of his rights to remain
silent, to have an attorney
appointed and present during
questioning and to terminate the
interview at any time;
3) the child must knowingly,
intelligently and voluntarily waive
his rights;
4) the officer may then take a
statement from the child; and
5) upon completion of the statement,
the child shall be taken before the
magistrate again and sign the
statement in the presence of the
magistrate (and outside the
presence of the officer), who will
then certify the statement.
This makes me sick that this kid was seemingly wrongfully interrogated. Sad to see that 'doing science while brown' results in him being treated as a second class citizen.
[1]http://www.tmcec.com/public/files/File/Course%20Materials/FY13/Judges/Tyler/Johnson%20-%20Juvenile%20Statements%20for%20Magistrates%20-%20BINDER.pdf http://www.tmcec.com/public/files/File/Course%20Materials/FY...
- Karunamon 11y agoHow in the unholy bleeding fuck is a child supposed to understand the ramifications of the right to remain silent?!
- goldenkey 11y agoWell even if he did it wouldn't matter much. 5 police officers, multiple school officials in a room, he's the only child. And effectively being bullied, manipulated, into feeling like a guilty sack of shit that should count his blessings and admit their version of his intent and give thanks and apologies. Par for the course. Public school systems are ran by political patsy thugs when you inspect the few ranks below the top.
- kbenson 11y agoBy having them explained by someone who is supposed to be impartial (a magistrate), and has a vested interest in making sure that the child understands the rights, because it's mandated by law that they do, and being known as the judge that takes advantage of small children is not a reputation you want to have.
- mordocai 11y agoWhat I have heard from similar cases previously is that in a school you basically have no rights. Previous cases the school has been determined to be within their legal rights when doing things like this(including involving the police). I don't know much more than that though.
- rhino369 11y agoThat is for a custodial interrogation. With some caveats, you aren't in a custodial interrogation until you are arrested. The violation of his rights was the insane arrest when clearly no law was violated.