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James Duane Biography

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“Perhaps it was true a century ago—I deeply regret that it is no longer true—but the United States criminal justice system long ago lost any legitimate claim to the loyal cooperation of American citizens. You cannot write tens of thousands of criminal statutes, including many touching upon conduct that is neither immoral nor dangerous, write those laws as broadly as you can imagine, scatter them throughout the thousands of pages of the United States Code—and then expect decent law-abiding, unsuspecting citizens to cooperate with an investigation into whether they may have violated some law they have never even heard about. The next time some police officer or government agent asks you whether you would be willing to answer a few questions about where you have been and what you have been doing, you must respectfully but very firmly decline.”

Civil RightsPolice State2016Miranda RightsFederal Law
Book:You Have the Right to Remain Innocent
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“If a police officer encounters you in one of those moments, he or she has every right to ask you two simple questions. Memorize these two questions so you will not be tempted to answer any others: Who are you? What are you doing right here, right now? If you are ever approached by a police officer with those two questions, and your God-given common sense tells you that the officer is being reasonable in asking for an explanation, don’t be a jerk.”

Civil RightsPolice OfficerPolice State2016Miranda Rights
Book:You Have the Right to Remain Innocent
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“If you are asked any question by a police officer or a government agent and you realize that it is not in your best interest to answer, you should not mention the Fifth Amendment privilege or tell the police that you wish to exercise your right to avoid incriminating yourself. In this day and age, there is too great a danger that the police and the prosecutor might later persuade the judge to use that statement against you as evidence of your guilt. And if they do, to make matters much worse, you have no guarantee that the FBI agent in your case will not slightly misremember your exact words. [....] Even if the officer gets only a few words wrong, it only takes a slight rewording of the privilege to make it sound like a confession. So what do you do instead? Instead mention your Sixth Amendment right to a lawyer, and tell the police that you want a lawyer.”

Police Officer2016Miranda RightsRight To Remain SilentRight To An Attorney
Book:You Have the Right to Remain Innocent
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“Do you know where you were on Thursday evening at about eight o'clock last week, and who you were with, and what you were doing? Are you absolutely certain beyond any shadow of a doubt? Would you bet your life on it? If there is any possibility—no matter how slim or remote—that you could possibly be mistaken about such a thing, you are the kind of person who should never agree to talk to the police under just about any circumstances for as long as you live. And that includes practically everybody.”

InnocencePolice State2016Miranda RightsFaulty MemoriesPolice Interrogation
Book:You Have the Right to Remain Innocent
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“Few men or women in our lifetimes have been so unjustly vilified in the popular media as the late Justice Antonin Scalia of the United States Supreme Court. If you are not a lawyer who read his opinions, if you know nothing about Justice Scalia other than what you have read in the popular press, you have surely been deceived into believing that this man was some sort of archconservative who could regularly be counted upon to side with the government and trample the constitutional liberties of the poor and the powerless. The truth is much more complicated than that. While Justice Scalia was, by his own admission, exceptionally stingy in refusing to accept arguments about constitutional rights that involved some aspect of general "liberty" that are not explicitly mentioned in the Constitution—rights like abortion, or same-sex marriage—when it came to the defense of constitutional liberties that are explicitly described in the Constitution, no other recent member of the Supreme Court was so uncompromisingly passionate and liberal in refusing to water down those protections.”

Supreme CourtConstitutional Rights2016ScotusAntonin Scalia
Book:You Have the Right to Remain Innocent
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