3 years ago
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"You Have the Right to Remain Innocent" (James Duane)



#News & Politics
Law professor James Duane became a viral sensation in 2008 for a lively lecture that explained why people shouldn’t agree to answer questions from the police. In his new book, You Have the Right to Remain Innocent, Duane expands on that presentation, offering a vigorous defense of every citizen’s constitutionally protected right to avoid self-incrimination. By using case histories of innocent persons who were wrongfully imprisoned because of information they gave to police, Duane debunks the claim that “if you haven’t done anything wrong, then you don’t have anything to worry about.
View the full event here: http://www.cato.org/events/you-have-right-remain-innocent

The Cato Institute photo 1 The Cato Institute photo 2 The Cato Institute photo 3 The Cato Institute photo 4

I love how fast Mr. Duane thinks and talks. I could never do that myself, but I CAN listen at that speed, so he's perfect to listen to for me.

by PlanetRockJesus 1 year ago

What most people lack is the capacity to remain silent, not the right.

by Stefano Pavone 9 months ago

It's interesting how the crowd is laughing and having a good ol time and then he starts saying that the police lie every time they open their mouth and the court will not protect you and believe the cops lies. All of sudden it got really serious in the room.

by ChiliContestWinner 8 months ago

1. They are trained to lie.
2. They know they can get away with murder.
3. They will be believed no matter how outlandish the tale.

by Kenneth Wilson 1 year ago

If you don't want to buy the book, the SCOTUS' new legal requirements regarding the 5th are simply this:
"Basically, if you're ever in any trouble with police (no, we don't condone breaking laws) and want to keep your mouth shut, you will need to announce that you're invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. "Petitioner's Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer's question," reads the opinion from Justice Samuel Alito, which Justice Kennedy and Chief Justice John Roberts backed. Justices Thomas and Scalia had a concurring opinion while the remaining four Supremes dissented."

That means, you must say in absolute and firm terms: "I invoke my right to remain silent. I decline to answer any questions.", or "I invoke my right to legal counsel. Please give me a lawyer immediately".
If you know this, and watch Duane's viral video, then you basically know everything you need.

by Visage 2 years ago

"Taking the fifth" pisses off police, but you GOT TO DO IT !!

by fehlrock 7 months ago

To anyone who hasn't read/bought the book yet. You say "I want a lawyer" to the police. You say it again and again, as many times as you need to until the police give up. Sorry to spoil the ending of the book. But I'm genuinely afraid that some innocent person who hasn't read the book won't learn this in time. That being said, BUY THIS BOOK... It's $8 on Amazon.. and it's amazing.... you don't know how screwed up our justice system is until you read this...... Here's the link...

by Jeffrey Ferreira 1 year ago

"I want a lawyer." End of story

by bluekeybo 7 months ago

We can only hope that he DOES somehow make it to the Supreme Court!

by ChevySS1968 2 years ago

Ordered the book. In the UK this advice still applies, but with a few variations. Firstly, our police are not allowed to lie during an interview. Things like "Your friend already confessed and admitted you did it" are right out. And they have to read you your right to silence the moment they have reason to believe you might have committed an offence. On the other hand they are allowed to tell the court you chose to remain silent. The best solution is to excercise that right from the very start. If you answer a bunch of questions and then suddenly choose to remain silent when they ask you a tricky question, and then in court you come up with a convenient answer to that question, the prosecution is allowed to suggest to the jury that that is mighty convenient. Stay silent from the start and that goes away.
/Not a lawyer. Not legal advice.

by Karl Bassett 1 year ago

I was wrongly incarcerated and wish I had seen this beforehand! All I will ever say now is "Lawyer."

by Rhett Hughes 1 year ago

I once asked a couple of defense attorneys I was lunching with why they did not offer to teach this kind of material to high schoolers and college kids so they could avoid abuses by cops....they looked uncomfortable and mumbled something until I asked point blank what was up? the one said " Hey, lets face it, we make a living off of people who primarily do not know their rights and get charged. We mostly plea bargain and their parents pay us quite well even when it is a lost cause because they gave consent to a search or talked to the police.". In other words, the lawyers worry that fewer clients will be out there if people knew their rights. They do not want an informed clientele, but the typical victim that says " Well, I thought the cop would give me a break if I talked"...or " I thought that they would search the car anyway..it makes me look guilty to say no", etc. the they plea bargain and satisfy the one paying their fees that all was done that could be...which is true after all hope is lost due to giving up rights...very few lawyers more concerned about the future and our liberties than making money.

by Ed Zeppelin 3 years ago

Just like on GoodFellas. "You don't say nothing you don't get nothing." Jimmy the Gent

by stuna101a 3 years ago

I want to take this guys class

by G hautbois 4 years ago

Thank you, James Duane, and the Cato Institution for posting this video on You Tube. Thank you, James Duane, for writing your excellent well-written and well-organized book.

by William 3 years ago

I bet if he read his on book on YouTube, it would be done in 15 minutes.... Thanks for though, I like this guy.

by Eric Jones 1 year ago

The RMPs got a tip of when I was in the army. I was in my last month of service.

They checked my room and asked me why I had amphetimine in my room.

I kept my mouth shut. By the time they organised a piss test it was 4 weeks later. Hypothetically (of course) it takes 48hrs for amphatemine to pass through your system.

I had massive pressure to 'confess' before an impeding court martial, telling me they found drugs in my system, although they didn't state which one. They wanted to arrest me for intent to supply, not possession.

Surprise, surprise, Army Legal (who function as the Prosecuter) had told the Regiment and the RMP's that there was no legal basis to enter my room based on hear'say. No legal basis = No admissiable evidence.

No confession either. Which meant no conviction.

I have a nice clean record, work as an accountant and got £7,000 for the hassle. Because I kept my mouth shut.

by Green Power Ranger 4 months ago

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