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.
©2016 James Joseph Duane. (P)2016 Brilliance Audio, all rights reserved.
Professional librarian type, amateur historian.
I've seen Duane's YouTube video "Don't talk to the police", and listened to his talk at Cato so I was really worried when I saw that he was also the narrator. Many authors should never, ever, read their own book. I was worried because the man talks very quickly. For the Cato podcast I had to put his talk on 1/2 speed just so I could comprehend what the heck he was saying. Thankfully, for this book he speaks at a normal pace and does a very good job.
Yes, the basics of the book are don't talk to the police. Don't try to prove your innocence with the police. Don't plead the 5th and sit silently. Do invoke your 6th Amendment right by clearly saying "I want a lawyer." So then why do you need to still listen to this book? Because he includes several stories that bring home the point and explains the devil in the details. He provides examples of how the police lie to people and have people waive their rights and put innocent people in jail. It's the details that you need and to help remind you why you shouldn't do this or that.
He also reminds the listener to never ever lie to the police. Even a white lie will earn you jail time. Even a mistaken memory where you get some of your facts mixed up can be used against you. So to be safe, ask for a lawyer.
It was a good listen and very informative.
Avid reader turned "listener" when I had to learn to fit reading and cleaning into one nap time.
Great information and something to consider should the unfortunate situation ever arise. As an attorney, it gave me a lot to consider as well.
If you’ve ever thought “What’s the harm in talking to the police if I’ve done nothing wrong,” then you need to read this book. It starts with the simple fact that police detectives and district attorneys advise their own children to never talk to the police without a lawyer present. And near the end, it chronicles multiple cases where people were wrongly convicted based largely on completely true statements they made to the police. He rolls out some incredible statistics, like in one study of wrongly convicted people later vindicated by DNA evidence that found 40% included police testimony claiming the person said something “only the killer could've known.” The thing that most surprised me involved the rules of evidence regarding what you say to the police. If you say 300 things and 297 are exculpatory and 3 could be twisted against you, then in court, the police detective will only testify to the 3 things that make you look guilty and if the defense attorney tries to get the detective to discuss the other 297 things that work in your favor, that will be objected to as hearsay and the judge will agree. In other words, of the things you tell the police, only those that work against you will be allowed in court and nothing that works in your favor will. Consider that next time you think it can’t hurt to talk to the police without a lawyer. A short, powerful must read. Grade: A
not bad book basically dont talk to the police without an attorney. author hammers the point home.
Very clear information about the legal system and how it's built to deceive suspects. Everyone needs to read this and be aware of what to do if approached by a police officer or government agent. Especially if you're innocent and willing to give up information.
Just finished it and I'm going to start it again tomorrow. I'm also going to buy it for my GF and her daughter so they can listen to it on their own time. Highest recommendation. If you are on the fence about getting this audiobook search the author's name on YouTube and watch his lecture. BTW, the author's YouTube lecture was just a taste of what's in the book.
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