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You Have the Right to Remain Innocent - Professor James Duane on The Hagmann Report 2/9/18
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You could argue an exception for pot laws or whatever, but generally speaking, we do want criminals to get caught. I have nothing to hide. Don't talk to the police. While he's right that most criminal defense attorneys wish that their clients had not talked to the police, some criminal defense attorneys do encourage their clients to take the stand at trial. What you say is true. He didn't say a word. The video weighs the costs and benefits to the individual, of remaining silent; I was asking whether the defendant's right to remain silent is good for society as a whole. Most of those stops resulted in the drivers receiving warning tickets. The thing I didn't fully understand, because I had been in the business for so long, is how surprising and counterintuitive all of this is to the average guy on the street. Of course if you're innocent, then it's in both your interest and society's interest for you to go free. That's essentially why I do talk to the police if I get pulled over for speeding -- I've gotten off with a warning a few times, whereas I'm pretty sure that if I'd just sat silently and stared straight ahead, I would have gotten the ticket. The full arguments are given in each of the articles linked above and dissected further in the comments and I don't want to rehash either of them here, but in response to both articles, multiple people sent me the link to Professor Duane's "Don't Talk To Cops" video, which has been viewed about 2 million times on Youtube. If you do accept the rationale for allowing a suspect to refuse to answer the question of whether they committed the crime or not, why don't we extend the same protection to third-party witnesses? Believe it or not, the numerous responses that I have received from police officers and even more often from former police officers has been overwhelmingly positive. James Duane: When confronted with police officers and other government agents who suddenly arrive with a bunch of questions, most innocent people mistakenly think to themselves, "Why not talk? But just make sure you are interacting with your community on a good basis too.
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Since his video has been viewed over 2 million times, possibly my email got lost in the pile of mails he gets every week saying, "Oh shit I got arrested and I opened my big mouth, you got any ideas for what I should do now?? That's what prompted me to do that original recording.
Then all of the sudden, they [asked a question that made it] obvious they wanted information that might expose him to criminal prosecution, and he just got silent. The Weekly Standard published a more devastating rebuttal to Professor Duane's video, in which the author describes the devastating effects that the "Don't Snitch" movement has had on high-crime neighborhoods, as a result of large numbers of people following Professor Duane's philosophy to the letter.
So I'm not worried too much that this book is gonna put some helpful information in the hands of criminals that they don't already have, because the truth is most of them understand very well how the system works. Follow Harry Cheadle on Twitter. These include a proliferation of poorly written laws that make nearly anything a potential crime, rules that allow prosecutors to cherry-pick only the most damning parts of police interrogations at trials, and a little-known Supreme Court ruling allowing prosecutors to tell juries that defendants had invoked the Fifth Amendment—in other words, telling an officer you are making use of your right to remain silent could wind up being used as evidence against you.
He served more than 20 years in prison until he was recently released, after evidence proved that he was actually innocent. But when they push it to an extent where they are making 53 stops a day, which is an extremely high number, it gets to a point where how much is really needed? Believe it or not, the numerous responses that I have received from police officers and even more often from former police officers has been overwhelmingly positive.