Is it true that anything the children write as a part of their homework, and turn in to the government school teacher, can be used against them in a court of law? Doesn't that mean that mandatory homework violates the Fifth Amendment?
by 
rodschmidt
ANSWERS: 3
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er... I think it's held more in the context of "If you get arrested with guns, your english teacher might comment you wrote a lot of violent stories." It's not like they file it away to pull out in court later. If you have to write about yourself, or creative fiction or whatever, don't write something you wouldn't want a teacher to see, don't say stuff you wouldn't say to Joe Average who has a locker two doors down from you. They aren't making you testify against yourself, you decide to testify against yourself. For your government teacher, history teacher, your math teacher even.
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Also teachers have the responsibility to report "suspicious" behaviors. If someone is writing about abuse, sucicide, molestation, killing people, etc...they have and obligation to inform authorities or even Social Services.
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It doesn't violate the 5th amendment. The 5th amendment prevents you from being forced to testify against yourself at a *criminal trial*. Since it's a testimonial right, it doesn't apply to physical evidence, like homework. See U.S. v. Patane.
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