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You Have the Right to Remain Innocent Paperback – September 20, 2016
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James Duane
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Print length152 pages
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LanguageEnglish
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Publication dateSeptember 20, 2016
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Dimensions5 x 1 x 7 inches
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ISBN-101503933393
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ISBN-13978-1503933392
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Editorial Reviews
Review
“James Duane’s amazing but true stories of innocent people exonerated after decades of wrongful imprisonment (which could have been avoided if they had just insisted on their fundamental right to avoid self-incrimination) are riveting reminders of the high price we pay, as individuals and as a society, when we fail to assert our constitutional rights.” —Laurence H. Tribe, Harvard Law School
“In this quick and wonderful read, one of America’s most eloquent writers on legal subjects makes clear why you should never, ever answer police questions about your past conduct, however virtuous and civic-minded you may be. You Have the Right to Remain Innocent describes a stream of miscarriages of justice that occurred only because innocent suspects cooperated with deceptive officers preying on their ignorance and good intentions. The book makes its case with verve and passion, and even if you are a tough-on-crime conservative or a police chief, it is likely to persuade you.” —Albert W. Alschuler, University of Chicago Law School
“James Duane is an experienced criminal defense lawyer and a tough-minded legal scholar. This is not just a book of advice; it is a passionate and disturbing critique of the rules governing police interrogations in the United States. It repays careful reading.” —David Alan Sklansky, Stanford University Law School
“The stories in You Have the Right to Remain Innocent will help you remember why you should not talk to the police, and exactly how to assert your rights. This book could save you—or your children—years of imprisonment for a crime committed by someone else. Read it and then make sure your kids read it too.” —Randy E. Barnett, Georgetown University Law School
“If you'd like to read short sentences that can save you from serving long sentences, get this book and do what it says!” —Judge Alex Kozinski, United States Court of Appeals for the Ninth Circuit
“As James Duane argues convincingly in his book, the judicial hypocrisy that permits police deception is outrageous and dangerous. You Have the Right to Remain Innocent is funny, sad, and full of information that all citizens need for their protection.” —Charles R. Nesson, Harvard Law School
“Well-informed, scary, sobering, and sure to tick off police officers and prosecutors even as it contributes to keeping innocent people out of jail.” —Kirkus Reviews
About the Author
James J. Duane is a professor at Regent Law School in Virginia Beach, Virginia, where he received the Faculty Excellence Award in the fall of 2002. Duane has been interviewed about legal matters on television and radio, including National Public Radio’s All Things Considered, and has testified before the Advisory Committee of the United States Judicial Conference on the Federal Rules of Evidence. He is the coauthor, with Glen Weissenberger, of Federal Rules of Evidence: Rules, Legislative History, Commentary and Authority and is a member of the panel of academic contributors to Black’s Law Dictionary. He is a graduate of Harvard College and the Harvard Law School.
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Product details
- Publisher : Little A (September 20, 2016)
- Language : English
- Paperback : 152 pages
- ISBN-10 : 1503933393
- ISBN-13 : 978-1503933392
- Item Weight : 4.8 ounces
- Dimensions : 5 x 1 x 7 inches
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Best Sellers Rank:
#14,424 in Books (See Top 100 in Books)
- #4 in Civil Rights Law (Books)
- #5 in Social Sciences Reference
- #6 in United States Judicial Branch
- Customer Reviews:
Customer reviews
Top reviews from the United States
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Here’s the summary:
By law, a prosecutor can see to it that nothing you tell the police is used in court to help you. That’s a law. Save the good stuff for your lawyer and your day in court!
Conversely, everything you tell the police can be used in court to hurt your case:
• You may inadvertently tell them something inaccurate; potentially, that’s perjury.
• You could waste a perfectly good alibi by getting a detail wrong.
• You may tell them something absolutely correct that some expert falsely disputes and then you’ve lied, again, and you’ve provided them with an “aha” moment for the jury.
• You may tell them something that to you seems irrelevant, but to them helps bolster or build a case against you out of nothing.
• You may even bend under their pressure and confess to something you did not do!
The cops are allowed to lie to extract a confession: they can lie about whether you’re a suspect or not, they can lie about what you’re suspected of, they can lie about details of the case, they are in all probability lying about any lenience they may be offering you, they are trained to legally set you up to look like you possess information that you only could have gotten if you were at the scene of the crime. They are very unlikely to transcribe or record your conversation accurately and, again, any errors will play against you.
The police can legally feed back everything you discussed with them to whoever is accusing you and help them build their case!
None of this is because the police are bad; it’s because they are people. As people they are both fallible and liable to look for every possible angle that can support an initial wrong guess. Some may even be more than fallible and venal and not want to admit they were wrong to suspect you.
Keeping quiet can help you stay away from all this trouble.
Sadly, even this advice is no longer perfect, because the Supreme Court has ruled that an innocent person would have no reason to say something as straightforward as “I would not like to speak with you because the constitution affords me the right to avoid self-incrimination.” These days, you have to invoke a different constitutional right and firmly ask for a lawyer!
So that’s what the book says. I have plenty to add, but will keep it brief:
I’ll be fifty in June, so now I have friends who have gone to jail. It is invariably for a statement they have naively given, which the cop afterwards baptized “a confession.” But don’t take it from me, read Michael Lewis’ book about Sergey Aleynikov; or compare and contrast what happened to the Barclays guys (who asked for a lawyer) and the Citibank guy, who spent 86 hours talking to the cops first. The way a dear friend tells it who got 13 years for a crime he had nothing to do with, “jail is for the stupid.” (The Greek word he used has three a’s in it.)
In short, the justice system is a system that closes cases, not a system that seeks justice. The antechamber of this Kafkaesque hell is the police station. If you have not managed to avoid the visit to the antechamber, keep stumm until you’ve hired the best legal help you can. In doing so, you’re hiring part of the system, you’re paying cash into the system, you’re getting the system on side. And you’re involving part of the system that’s a pay grade (or ten) above the cop who’s looking to feed you with your confession and write it up for you. That’s your best bet.
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.
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.
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!
Top reviews from other countries
He then handed over to a policeman who basically said "every word that man said is true" and followed up with the ' why not' and how they had been trained to extract details and confessions.
Thankfully I don't live in America but the lessons have been fully taken on-board.
However, finding a copper here is a miracle so the chances of getting nicked for a slip of the tongue is minimal.
As stated in other comments, the YouTube video is as much as you really need but the book was fast reading and the authors delivery came through in the words.
The book doesn't convey the authors passion as well as the video....The
Ach, go watch the video instead. I'd post the URl but Amazon blocks the review if I did that. Yay Amazon.



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