You Have the Right to Remain Innocent
What Police Officers Tell Their Children About the Fifth Amendment
Book - 2016
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Summary
Add a SummaryThe Miranda warning is literal. “Anything you say may be used against you,” means it CAN ONLY be used against you. If you say something to the police in your defense, it will not be allowed to be presented in court.
There are only two questions you should answer when asked by the police:
1. Who are you?
2. What are you doing right here, right now?
DO NOT invoke your right to remain silent (the 5th amendment). The weight of current legal opinion (via Supreme Court Rulings) is that silence equals guilt.
DO invoke your right to have an attorney present when being questioned (the 6th amendment) by saying these four unambiguous words: “I want a lawyer.”
Poorly written, repetitive and disorganized, this summary relates the invaluable essence of the books teaching.
Comment
Add a CommentYou know, this book is super interesting and thought provoking, but there are clear threads of confirmation bias which run throughout, lessening the book's overall impact. That said, I wish this were a longer book about the watering down of the Fifth Amendment, rather than a weird little pop-law book.
His advice, however, is relatively simple: never talk to investigators without a lawyer.
"You know what I say. Whenever you got business trouble the best thing to do is to get a lawyer. Then you got more trouble, but at least you got a lawyer." - Chico Marx, At the Circus
USA-specific; but very well written; entertaining and informative.
This book has tremendous value, even though it is rather poorly written. The poorly organized and repetitive nature can perhaps be forgiven once one realizes that the entirety of the book can be summarized in just four lines:
There are only two questions you should answer when asked by the police:
1. Who are you?
2. What are you doing right here, right now?
The only other communication you should have is to say, “I want a lawyer.”
Believe me, if you read this book, you will fully accept the wisdom of the above-referenced lines.
From other sources I have also learned that there are only two questions that you should ask the police:
1. Am I under arrest?
2. Am I free to go?
Forewarned is forearmed. Go in peace.
Five must-read books this year: this one, Chain of Title, by David Dayen, Retirement Heist, by Ellen Schultz, Dark Money, by Jane Meyer, and The Devil's Chessboard, by David Talbot.
This book should be read by Americans of all political persuasions as it highlights an aspect of the criminal (in-)justice system that should be of concern to all Americans: The steady and significant erosion of the right ostensibly protected by the Fifth Amendment. Prof. Duane persuasively demonstrates how judicial elites--Left and Right--have whipsawed the Fifth Amendment to the point that, as he documents, to invoke it during police questioning can now be legally construed in court as evidence of guilt even as failing to avail yourself of it can be dangerous to your liberty and life.