Download Ebook You Have the Right to Remain Innocent, by James Duane
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You Have the Right to Remain Innocent, by James Duane
Download Ebook You Have the Right to Remain Innocent, by James Duane
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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
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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
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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