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

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Published 2016-09-30
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: www.cato.org/events/you-have-right-remain-innocent

All Comments (21)
  • @jaberwock4568
    His video “Never talk to the police” is THE BEST advice ever given. It’s 45 mins long, but worth the time to watch. I highly recommend all citizens watch that video after watching this video.
  • @MAKAROVOWNER
    Mr. Duane, I want to thank you for your videos. I was falsely accused. I asserted my rights politely but firmly repeating I would like an attorney, tho I had no real idea what I was accused of. It made the police angry. Tried to knock me down. Sat me in a car with handcuffs digging my wrists with my own weight for around 3 hours. I remained silent. I hired a attorney, demanded a jury and was fully acquitted. The crimes I was accused of never in fact happened but were fiction. The thing is what they should say is anything you possibly say will be taken out of context and written in police reports to convict you. Anyway, if not for you I would be in prison rotting right now instead of enjoying my family, running my business, and if nothing else petting my dogs resting on my couch. Thank you sir. I am forever grateful for that video with excellent advice that preserved my family and life.
  • @cdh3671
    I have known about the dirty tactics used by the criminal injustice system but this is eye opening on another level. “You can never talk your way out of a conviction, but you definitely can talk your way into one.”
  • @PlanetRockJesus
    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.
  • @mahna_mahna
    His book boils down to many reasons why you only want to: 1) Tell police who you are 2) Tell police what you are currently doing (not what you have done or what you are about to do) 3) When questioned further, say "I want a lawyer." Nothing else, just that. Don't reword it or put any "please" or "if you don't mind" or "I think" on it or anything else. 4) Repeat it until the lawyer arrives (either one you've hired or a free public defender which they have to provide), then follow your lawyer's advice. If you want to know they why of all that, read the book. It's pretty exhaustive. But if at this point you trust him to have done his research, simply follow those four rules.
  • @bkray26
    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.
  • @fehlrock
    "Taking the fifth" pisses off police, but you GOT TO DO IT !!
  • 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.
  • @zzzzoot
    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.
  • @ChevySS1968
    We can only hope that he DOES somehow make it to the Supreme Court!
  • @michoelkotler
    A few years ago I saw Professor Duane's video "Don't Talk to the Police". After that, I thought I learned everything necessary to deal with law enforcement - simply don't talk. Recently I got the new audio book "You Have the Right to Remain Innocent", and I was amazed how much I still needed to learn. Even total silence is not enough protection for innocent people (like me)! You need to know HOW to assert your rights. I highly recommend this book for everyone because everyone needs protection FROM the police. Without this knowledge, you are unprotected. Please read it and pass it on to everyone you know especially your children. Professor Duane is a true American Patriot. We need more.
  • Used to be that "Better a hundred guilty go free than an innocent be convicted" was the sentiment of the land. Now pleading the Fifth is seen as "getting off on a technicality." Sad. As an immigrant from a third world country (and a PROUD American Citizen!) all I can advise my fellow countrymen is: please cherish the Constitution and your God-given/Natural-born Rights as human beings! The Constitution only codifies what you already enjoy simply by birth! Professor Duane - Thank you for this follow-up video to your amazing initial video. And yes, the book is ordered!
  • @billrhoasts5456
    This guy has a brilliant mind. He speaks so fast and yet so coherently and articulately and never fumbles with his word. Definitely on my top 5 list of lawyers I'd call if I ever have to go to court.
  • @karlbassett8485
    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.
  • @edzeppelin6674
    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.
  • @CTSSTC
    He talks in the cadence of an auctioneer and slurs his words together in harmony, but still sounds amazing and can understand everything he says <3
  • @djdarkko5010
    I was wrongly incarcerated and wish I had seen this beforehand! All I will ever say now is "Lawyer."
  • @WillyemWisdom
    I'm not even being questioned by police or anything like that and I am sold on getting this book. Well done professor.
  • @dstevans
    I've been trying to figure out why it's so difficult to ignore a police officer's interrogation (questions). The worst part of all this is, from a young age people have been indoctrinated to answer all questions from figures of authority. Most of us as a child got a smack on the head from a parent or guardian and an angry, "Hey the (teacher / grownup / police officer) is asking you a question, ANSWER HIM." This is deeply indoctrinated behavior and nearly impossible to change, even after reading these horror stories.