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You Have the Right to Remain Innocent, by James Duane
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An urgent, compact manifesto that will teach you how to protect your rights, your freedom, and your future when talking to police.
Law professor James J. Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police—especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen’s constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it’s also the advice law-enforcement professionals give their own kids.
Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.
Product details
Paperback: 152 pages
Publisher: Little A (September 20, 2016)
Language: English
ISBN-10: 1503933393
ISBN-13: 978-1503933392
Product Dimensions:
5 x 1 x 7 inches
Shipping Weight: 4.8 ounces (View shipping rates and policies)
Average Customer Review:
4.7 out of 5 stars
399 customer reviews
Amazon Best Sellers Rank:
#32,965 in Books (See Top 100 in Books)
This is a must-read for everyone. The author eloquently explains how the justice system works, and how to navigate it most effectively (ask for a lawyer unambiguosly) (and really more broadly how the justice system isn't out to help you). The system not only can misrepresent what you say, it will use what you said (even if it's true) against you. Not only that, but the laws in the US are so broad that you almost certainly have unknowingly committed a federal crime (even if the "crime" is ridiculous. something that no person using common sense could possibly think even is a crime, like rescuing a sea turtle from a net) and so it is all the more imperative to ask for a lawyer when being questioned.
Professor Duane was one of my law professors, and as a criminal defense attorney, I wish every American would read this book. Prof. Duane mixes his brilliant legal scholarship with his trademark humor in this brief overview of what to do when a police officer asks cheerfully, "You don't mind answering a few questions, do you?"The book shows how even the innocent - especially the innocent - should decline to talk to the police, and invoke their rights immediately. The book is an easy enough read that even someone with no legal background will understand it, but also offers insight for practicing attorneys.
Wow. I knew these tactics and techniques were used by law enforcement, I never knew how much simple statements could be woven into a guilty sentence for the most innocent. James Duane gives examples, case studies with excellent reference section that's also worth reading. I'd recommend this book to everyone but most especially to young people,teens, who may not be aware of their rights and the power of words.
First, the sensible truth of the matter. This was heartbreaking to read. Not for the many references to the cases, but for the careful citations that bear testament to this as a work of non-fiction. In my home of Honolulu, we have relatively good relations with our local law enforcement. I suppose that I'd taken for granted that because I didn't hear the details of injustices in my area that they were not commonplace.What James Duane lays out is a skillful and lively, yet sober glance at the world of prosecutorial discretion. I wasn't familiar with the concept very much before now. Insofar as I understand the basic premise, there are too many laws. Far more than any one practitioner of law can be expected to know, much less a layman like myself. Because of this, it leaves a discretion — a flexibility I can't say I feel is wholly compatible with our national notions of freedom — for law enforcement and prosecutors to be able to _find_ some kind of wrongdoing that can be prosecuted.I feel as though I've learned something valuable. The book couldn't have been shorter, because the gravitas would not have been there. Innocent people have gone to jail because they failed to make use of their protections against self-incrimination and before reading this I may have shared a bias against the invocation of the Fifth Amendment. Even if the instance is very rare, this is knowledge worth spreading more widely because of the dire consequences for ignorance.
A total eye-opener! I have never had any major interaction with police but as most of us, I would have believed that an honest explanation by an innocent person would suffice. Not true in many cases!I would highly recommend the book to anyone specially those that are minorities or who have teenage children. He opens the book with a statement commonly made by children of law enforcement officers, "Years ago, my parents explained to me that if I were ever approached by a law enforcement officer, I was to call them immediately, and they made sure that I would never agree to talk to police."Duane does not denigrate the police but he does make it clear that their job is to arrest any person who might be guilty.Be prepared, read the book and pass it on to your children or talk to them about possible encounters with police!
Many years ago I was interviewed in connection with a murder allegedly committed by a man my neighbor was weeing. I had no clue how dangerous that could have been for ME. This is a very important issue and I'm glad I bought this book. A quick read, lots of examples and justifications for the author's advice. A bit repetitious is my only complaint. "I want a lawyer." That simple, read the book to find out when and why those 4 words could save you a world of grief.
Very informative and an easy read. Every law-abiding citizen (yes law-abiding) should purchase this book. You get the impression that author a law professor respects the police, but understands there are some bad apples out there, he gives examples. And even the average person who wants to help them can get caught up in their lies, deceit and trickery. This is scary even if you have never broken the law. If you are asked about a crime that was committed he gives you four words never to forget, "I want a lawyer". Be informed by buying this book.
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