You Have the Right to Remain Innocent

De: James Duane

Narrado por: James Duane

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.

Good to know and remember

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.

Lysander Spooner.

“ *Those who are capable of tyranny are capable of perjury to sustain it* .”

“... *only those who have the will and the power to shoot down their fellow men, are the real rulers in this, as in all other (so-called) civilized countries; for by no others will civilized men be robbed, or enslaved* .”
― Lysander Spooner, No Treason: The Constitution of No Authority


*"So these villains, who call themselves governments, well understand that their power rests primarily upon stolen money* . *With money they can hire soldiers, and with soldiers extort money* . *And, when their authority is denied, the first use they always make of money, is to hire soldiers to kill or subdue all who refuse them more money* ."


*-The payment of taxes, being compulsory, of course furnishes no evidence that any one voluntarily supports the Constitution* .

*It is true that the theory of our Constitution is, that all taxes are paid voluntarily; that our government is a mutual insurance company, voluntarily entered into by the people with each other; that each man makes a free and purely voluntary contract with all others who are parties to the Constitution, to pay so much money for so much protection, the same as he does with any other insurance company; and that he is just as free not to be protected, and not to pay any tax, as he is to pay a tax, and be protected* .

*But this theory of our government is wholly different from the practical fact* . *The fact is that the government, like a highwayman, says to a man: Your money, or your life* . *And many, if not most, taxes are paid under the compulsion of that threat* ;.

*The government does not, indeed, waylay a man in a lonely place, spring upon him from the road side, and, holding a pistol to his head, proceed to rifle his pockets* . *But the robbery is none the less a robbery on that account; and it is far more dastardly and shameful* .




*The highwayman takes solely upon himself the responsibility, danger, and crime of his own act* . *He does not pretend that he has any rightful claim to your money, or that he intends to use it for your own benefit* . *He does not pretend to be anything but a robber* . *He has not acquired impudence enough to profess to be merely a “protector,” and that he takes men’s money against their will, merely to enable him to “protect” those infatuated travellers, who feel perfectly able to protect themselves, or do not appreciate his peculiar system of protection* . *He is too sensible a man to make such professions as these* . *Furthermore, having taken your money, he leaves you, as you wish him to do* . *He does not persist in following you on the road, against your will; assuming to be your rightful “sovereign,” on account of the “protection” he affords you* . *He does not keep “protecting” you, by commanding you to bow down and serve him; by requiring you to do this, and forbidding you to do that; by robbing you of more money as often as he finds it for his interest or pleasure to do so; and by branding you as a rebel, a traitor, and an enemy to your country, and shooting you down without mercy, if you dispute his authority, or resist his demands* . *He is too much of a gentleman to be guilty of such impostures, and insults, and villanies as these* . *In short, he does not, in addition to robbing you, attempt to make you either his dupe or his slave* .

*The proceedings of those robbers and murderers, who call themselves “the government,” are directly the opposite of these of the single highwayman* .




*In the first place, they do not, like him, make themselves individually known; or, consequently, take upon themselves personally the responsibility of their acts* . *On the contrary, they secretly (by secret ballot) designate some one of their number to commit the robbery in their behalf, while they keep themselves practically concealed* . *They say to the person thus designated:*

*Go to A— B—, and say to him that “the government” has need of money to meet the expenses of protecting him and his property* . *If he presumes to say that he has never contracted with us to protect him, and that he wants none of our protection, say to him that that is our business, and not his; that we choose to protect him, whether he desires us to do so or not; and that we demand pay, too, for protecting him* . *If he dares to inquire who the individuals are, who have thus taken upon themselves the title of “the government,” and who assume to protect him, and demand payment of him, without his having ever made any contract with them, say to him that that, too, is our business, and not his; that we do not choose to make ourselves individually known to him; that we have secretly (by secret ballot) appointed you our agent to give him notice of our demands, and, if he complies with them, to give him, in our name, a receipt that will protect him against any similar demand for the present year* . *If he refuses to comply, seize and sell enough of his property to pay not only our demands, but all your own expenses and trouble beside* .




*If he resists the seizure of his property, call upon the bystanders to help you (doubtless some of them will prove to be members of our band)* . *If, in defending his property, he should kill any of our band who are assisting you, capture him at all hazards; charge him (in one of our courts) with murder, convict him, and hang him* . *If he should call upon his neighbors, or any others who, like him, may be disposed to resist our demands, and they should come in large numbers to his assistance, cry out that they are all rebels and traitors; that “our country” is in danger; call upon the commander of our hired murderers; tell him to quell the rebellion and “save the country,” cost what it may* . *Tell him to kill all who resist, though they should be hundreds of thousands; and thus strike terror into all others similarly disposed* . *See that the work of murder is thoroughly done, that we may have no further trouble of this kind hereafter* . *When these traitors shall have thus been taught our strength and our determination, they will be good loyal citizens for many years, and pay their taxes without a why or a wherefore* .

*It is under such compulsion as this that taxes, so called, are paid* . *And how much proof the payment of taxes affords, that the people consent to support “the government,” it needs no further argument to show* .

*Lysander Spooner (1870)*

I'm going to get everyone I know to listen to this

The four most important words you can ever memorize: I want a lawyer. I had no idea that exercising my 5th Amendment right could now be used against me as proof of guilt. This book is vital. Recent Supreme Court decisions are undermining rights we once considered fundamental. It only takes 3 hours to hear this book and you will be enthralled by the entire explanation. Read it.

I find it odd nly one star is allowed for this rev

Great and insightful and very quick. A must read in today's United States. Not police bashing, either.

50,000 federal laws, U have broken one today

Law enforcement has lost our trust, it's on them, every American needs to listen to this book and every potential juror needs to question how evidence was obtained
I gave the story a four star because I would have liked more strategic solutions, what happens once an attorney is present.

Everyone should listen to this book!

Succinct, interesting, potentially life-saving info! This is one of the most important books for all Americans to read.

great info must hear

was easy to stay along the whole time easy to understand upfront and to the point with experts

Good information, but mostly anecdotal.

The author/narrator provides great examples of when the criminal justice system fails, and how it could have potentially been avoided, but that's about it. The stories are shocking, as they are intended to be, and each has a unique element or two that prevents outright repetition, yet the punchline is the same: Don't answer any unnecessary questions from agents/investigators/police officers/etc without a lawyer present.

Extremely informative for minorities

This book is extremely informative and helpful for minority groups. And it's sad how our justice system uses our own constitutional rights against us. Those protections are now used to convict both the innocent and guilty.

One of the most important books I've ever read!

A must read, must comprehend and must apply to your life! Thank you Mr. Duane!