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You Have the Right to Remain Innocent

Narrated by: James Duane
Length: 2 hrs and 34 mins
4 out of 5 stars (1 rating)
Non-member price: $15.22
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Publisher's Summary

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.

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  • Marie
  • 04-11-2016

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.

4 of 4 people found this review helpful

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  • Mark
  • 07-01-2017

You won't look at the justice system the same waag

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

3 of 3 people found this review helpful

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  • Anonymous User
  • 08-03-2019

1 Of The Most Substantive & Information Ever Read

James Duane is a most excellent writer who has truly put together a book that is relevant, ageless and useful. This may be complete conjecture, but writings of this nature only come to be once every quarter century, and "You Have the Right to Remain Innocent" has this quarter of the 21st Century covered; hands down. From the clear purpose, to the relevant case studies, to the concise counsel, this book is amazing and should be read by every civilian citizen of this United States of America!

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  • JDH
  • 10-02-2019

Excellent!

This book should be made required reading to high school students, and everyone else should read it too.

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  • Andrew G
  • 16-01-2019

Great Info For US all!

This is a quick and easy read (or listen) that neatly sums up one of our most important rights at all ages and stages of life. It’s not your typical boring read on such a topic. OUR RIGHT TO REMAIN SILENT IS NOT SOLELY TO AVOID SELF-INCRIMINATION! Many citizens forget or were never even taught that detail. The two things I appreciate the most:

1) Exploring how the reaches of the “right to remain silent” (arrested or not) is absolutely meant to refrain from self-incrimination in any given criminal investigation. Mr. Duane explains how to respectfully assert this right, no matter the situation, as well as the tactics that might be used to persuade one to feel as if just answering a few questions can sometimes get you into far more than you’d have ever imagined might possibly come from doing so, regardless of your involvement or lack thereof in your ”kindness in assisting the investigation”. The book even has several ideas on how best to teach our children what they should and should not freely yet respectfully answer if questioned by any officer.

2) When questioning a suspect, witness, or any other person, police may very well lie—this is a legal tactic, and it can even include promises of a lighter sentencing, no charges of any nature regardless of involvement, or an endless number of attractive outcomes for anyone being questioned. In fact, investigators are taught that this is a completely acceptable, even encouraged tactic to get someone to tell everything they know. Anything possibly provided to investigators, even in the role of a witness of a violent crime for instance, can end up coming back to bite that witness in the behind in a way that no one would have ever even dreamed possible. Some startling petty and more severe examples are provided to add more perspective.

This is a great resource for us all, explaining that their assistance to the police, especially when sought out by investigators, may do more harm than good. Mr. Duane even points out that almost everyone in a career that includes questioning others, ensures that their own family, including and especially their children, know that they should NEVER answer questions about any matter even when a police officer is asking the questions, beyond their names and current purpose in their current location. That’s really something to think about, especially since many children grow up believing that the police are supposed to be the “good guys,” trustworthy to help keep them safe.
We have men and women who fight to protect the freedoms that we do have here, thankfully. The right to remain silent should be exercised any time you do not have a competent and trustworthy attorney present for every single question (another such right).
With so many possibilities of how any info that you might provide might be interpreted—or twisted—this right might save your butt one day. If you have crucial info about a crime, either have your attorney or find a tip line for reporting your information anonymously.

For such a big topic, there’s a ton of things packed into this short read, but I gather that if you’re taking the time to read all of this long review (feels like it’s become a novel itself). I can count on one hand how many book reviews I have ever written, and no, I am not reviewing this for any sort of compensation or at anyone’s request. Definitely recommend, but the “performance” of this type of book can’t easily or exactly be all that impressive, or at least not that I have found yet.

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  • psquared
  • 17-12-2018

Good overview, but no solution to the problem.

I first throught the narration was a ai solution. That being said the book explains what the problem is but no solution. It comes off as a whiny lecture as to how not to talk to the cops... But that we need to do xyz to help solve this.... Nope. Overall just disappointed, but it was a required read for a class so se le vie...

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  • Anonymous User
  • 09-12-2018

The Ugly Truth

This book aims to be informative but after I finished I felt like I knew nothing. In fact, I felt fear and disgust for the law and those who uphold it.

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  • Mitch
  • 02-12-2018

amazing articulation and insight

James D. did an excellent job as an author and narrator. Especially if you have no background in Law this book is very easy to get through and understand.

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  • Good Yarns
  • 12-10-2018

important

not as literature, but as information, 5 stars!
This isn't political or partisan, just important.

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  • Lewis Graham
  • 27-09-2018

very important read!!

Every child in America needs to read this. Tired of this system we live under? Wanna change it? change begins with teaching our children.

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  • Wren Jones
  • 16-11-2018

A Brilliant Book

A very interesting read full of very useful advice regarding Legal matters. I you get stopped by the Police make sure you are armed with the knowledge contained in this publication.

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  • Vornicu Radu - Tudor
  • 20-11-2017

Guilty of being a must-read for everyone !

The author is a great professor and an inspiration to any aspiring lawyer ! Hat,s off!