"You Have the Right to Remain Innocent" (James Duane)

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  • Опубликовано: 29 сен 2016
  • Law professor James Duane became a viral sensation in 2008 for a lively lecture that explained why people shouldn’t agree to answer questions from the police. In his new book, You Have the Right to Remain Innocent, Duane expands on that presentation, offering a vigorous defense of every citizen’s constitutionally protected right to avoid self-incrimination. By using case histories of innocent persons who were wrongfully imprisoned because of information they gave to police, Duane debunks the claim that “if you haven’t done anything wrong, then you don’t have anything to worry about.
    View the full event here: www.cato.org/events/you-have-r...

Комментарии • 1,7 тыс.

  • @jaberwock4568
    @jaberwock4568 3 года назад +765

    His video “Never talk to the police” is THE BEST advice ever given. It’s 45 mins long, but worth the time to watch. I highly recommend all citizens watch that video after watching this video.

    • @razorbeard6970
      @razorbeard6970 2 года назад +36

      The video is 45 minutes long but, he doesn't talk for the entire runtime. It's important to note that his talk is 22 or so minutes and then everything he said is backed up 100 percent by a law enforcement subject matter expert. The LEO reinforces the myriad ways you can be found out, guilty or not guilty.
      With that said, he made a point to stress a case where he knew a suspect wasn't the guy, had enough evidence to convict but let him go because he knew he wasn't the guy. In that one portion he absolutely lied through his teeth. PD don't care if they get the right guy or not as long as they get a guy and it doesn't blow up in their faces. You remaining silent and invoking the 5th can be the biggest reason why you're either not convicted or charged.

    • @Crippler74
      @Crippler74 2 года назад +13

      Absolutely 100% agree! The video “Never Talk To the Police” is amazing. As is mentioned in the other comment, everything that is covered in the video about why you shouldn’t talk to the police is backed up by an actual police investigator. The investigator even lays out how the police can legally lie, mislead and trick people into admitting guilt if they speak to the cops.

    • @chevelle1
      @chevelle1 2 года назад +20

      @@razorbeard6970 I’ve watched that video numerous times, shared with everyone that’ll listen. I wish the comment section weren’t closed on it though. You can see the arrogance and ego in that cop who spoke. They really believe they are above us. The ones that don’t, don’t last long in law enforcement. I’ve always said, it’s the police culture that’s the underlying problem. No amount of reform will matter until the cancerous, corrupt, oath to the brotherhood above the Constitution, sociopath magnet police culture is completely flushed.

    • @razorbeard6970
      @razorbeard6970 2 года назад +4

      @@chevelle1 The issue which is better connected to this video is that separation from practical realities exists on all levels from PD to the judges on the Supreme Court. They have made decisions that make a large impact on enforcement and effectively make case law that causes unvoted on (from the legislature) revision to rightfully passed law. The problem arises when these aren't Constitutionally harmonic. The reason they make these decisions is because they are disconnected from the everyday reality most Americans face with these legal issues. The disconnect is felt differently by the justices as it is by PD and for different reasons. It's there nonetheless.

    • @oscarj.3807
      @oscarj.3807 2 года назад

      @@razorbeard6970 what's the name of this man?

  • @MAKAROVOWNER
    @MAKAROVOWNER 4 года назад +469

    Mr. Duane, I want to thank you for your videos. I was falsely accused. I asserted my rights politely but firmly repeating I would like an attorney, tho I had no real idea what I was accused of. It made the police angry. Tried to knock me down. Sat me in a car with handcuffs digging my wrists with my own weight for around 3 hours. I remained silent. I hired a attorney, demanded a jury and was fully acquitted. The crimes I was accused of never in fact happened but were fiction. The thing is what they should say is anything you possibly say will be taken out of context and written in police reports to convict you. Anyway, if not for you I would be in prison rotting right now instead of enjoying my family, running my business, and if nothing else petting my dogs resting on my couch. Thank you sir. I am forever grateful for that video with excellent advice that preserved my family and life.

    • @MAKAROVOWNER
      @MAKAROVOWNER 3 года назад +4

      @cassl14 Thank you!

    • @fauxfox7209
      @fauxfox7209 2 года назад +3

      Pretty sure your silence made you a suspect to them.

    • @aussierule
      @aussierule 2 года назад +63

      @@fauxfox7209 6:53 That's not how any of this works. Of course the police will suspect you if you refuse to talk. They can think whatever the hell they want. Be quiet. Especially if you're facing an accusation that requires a court trial. The 5th amendment exists for a reason and in the case of this comment saved an innocent man from going to prison. YOU, yes even you, no matter how far fetched it sounds, can incriminate yourself in a crime you've never even heard of even if you're as innocent as a baby. You need to watch the video again or pay attention. Do not talk to the police.

    • @MAKAROVOWNER
      @MAKAROVOWNER 2 года назад +26

      @@fauxfox7209 lies made me a suspect. But they new I was innocent be for they took me. Nothing I could have said would have helped me. Any thing I would say would be twisted out of context and used against me. If you do not understand that then be grateful you don't. Be happy it happened to me and not you or yours. I am much stronger today. I survived a attack of which all but about 1/2 of one percent fail survive. I did nothing wrong. I followed good advice. About 99.5% would have taken a plea in fear, taken a bench trial, been falsely convicted under the attack I suffered. The salem pd has no honor or integrity with fists in the air on knees with antifa. The assistant DA is a coward who fled the room in disgrace knowing the jury did not buy the lies he was attempting to pass. He stepped out and had another listen to the jury findings. Coward. That's what he gets for pushing falsehoods. For attempting to falsely convict a innocent man. For attempting to destroy my family and business. Coward and bully.

    • @skoto8219
      @skoto8219 2 года назад +23

      @@fauxfox7209 please watch the original lecture (never talk to police) to see why talking is ALWAYS a bad idea in every possible scenario you could think up. and yes his advice has helped me personally as well

  • @cdh3671
    @cdh3671 3 года назад +415

    I have known about the dirty tactics used by the criminal injustice system but this is eye opening on another level. “You can never talk your way out of a conviction, but you definitely can talk your way into one.”

    • @lukamilas8648
      @lukamilas8648 2 года назад +23

      It’s much easier for an innocent person to be found guilty than for a guilty to be found innocent.

    • @Abdega
      @Abdega 2 года назад +9

      I was asked to be -interrogated- interviewed after I filed a missing person report hoping they needed my help finding a friend at the time who disappeared
      Big mistake

    • @joemamr710
      @joemamr710 2 года назад +19

      I had a similar experience when my best friend went missing. He had recently gotten into drugs pretty heavily and suddenly disappeared one day without warning, car still parked outside his house.
      So I reported him kissing, and of course, I wanted to find him since he had been my best friend for 20 years, even though he had hit hard times, he always did right by me and he was a good person.
      Anyway, big mistake. Now all of a sudden I’m involved in some drug investigation, as a suspect, despite not knowing any of these people.
      I’m being attacked for hanging out with a “methhead”, clearly I’d be involved in drugs or else why would I hang out with such an individual(who had just gotten into drugs a few months before).
      The only thing that put an end to it was they finally found his body, with a self inflicted gunshot wound.
      The worst part is they never cared about finding him, they wanted to bust some dealers and nab someone for murder. They spent way more time investigating that aspect than looking for him.

    • @dirkhamilton2709
      @dirkhamilton2709 2 года назад +9

      @@joemamr710 Never assume police are good people.
      I hate the fact that you can’t assume that police actually care about innocence, but thems the facts.

    • @anonnotanks3756
      @anonnotanks3756 2 года назад +4

      "I hate the fact that you can’t assume that police actually care about innocence,"
      Let's do something about it.

  • @PlanetRockJesus
    @PlanetRockJesus 4 года назад +883

    I love how fast Mr. Duane thinks and talks. I could never do that myself, but I CAN listen at that speed, so he's perfect to listen to for me.

    • @tedcarriker3293
      @tedcarriker3293 4 года назад +27

      Typically I listen at 125%.. had to go back to Normal speed. It was like a cartoon voice 🤤

    • @billrhoasts5456
      @billrhoasts5456 4 года назад +12

      He's remarkable, isn't he?

    • @johnnikas4248
      @johnnikas4248 4 года назад +7

      I was wondering if he might have tried meth for the first time before the speech.

    • @alphaecka1949
      @alphaecka1949 4 года назад +7

      Its called rehearsal fast talking an aneswer

    • @JohnNorris411
      @JohnNorris411 4 года назад +10

      You could if you gave the same presentation over and over and over and over.

  • @mahna_mahna
    @mahna_mahna 2 года назад +63

    His book boils down to many reasons why you only want to:
    1) Tell police who you are
    2) Tell police what you are _currently_ doing (not what you have done or what you are about to do)
    3) When questioned further, say "I want a lawyer." Nothing else, just that. Don't reword it or put any "please" or "if you don't mind" or "I think" on it or anything else.
    4) Repeat it until the lawyer arrives (either one you've hired or a free public defender which they have to provide), then follow your lawyer's advice.
    If you want to know they _why_ of all that, read the book. It's pretty exhaustive. But if at this point you trust him to have done his research, simply follow those four rules.

    • @mahna_mahna
      @mahna_mahna 2 года назад +1

      @Joe Rogaine Your lawyer will handle that. That's the whole point.

  • @fehlrock
    @fehlrock 4 года назад +277

    "Taking the fifth" pisses off police, but you GOT TO DO IT !!

    • @carlsutherland3730
      @carlsutherland3730 4 года назад +10

      Amen! If you have good evidence that could be useful to solve a crime have your lawyer plea it into the cops hand.

    • @carlsutherland3730
      @carlsutherland3730 4 года назад +6

      Get some kind of immunity.

    • @FranklySean
      @FranklySean 3 года назад +25

      Ironically, that's exactly what he warns you not to do in his book. But he won't tell you here, because he wants you to buy it. The new secret is to ask for a lawyer before answering any questions.

    • @Nerobyrne
      @Nerobyrne 3 года назад +9

      it's not their job to be happy, it's their job to defend the country and the citizenry.
      That includes your right not to talk to anyone you don't want to.

    • @---cr8nw
      @---cr8nw 3 года назад +34

      You are not "taking" the fifth or "pleading" the fifth. Stop making it sound like a bad thing. You are EXERCISING YOUR FIFTH AMENDMENT RIGHT to remain silent.

  • @bkray26
    @bkray26 4 года назад +205

    The RMPs got a tip of when I was in the army. I was in my last month of service.
    They checked my room and asked me why I had amphetimine in my room.
    I kept my mouth shut. By the time they organised a piss test it was 4 weeks later. Hypothetically (of course) it takes 48hrs for amphatemine to pass through your system.
    I had massive pressure to 'confess' before an impeding court martial, telling me they found drugs in my system, although they didn't state which one. They wanted to arrest me for intent to supply, not possession.
    Surprise, surprise, Army Legal (who function as the Prosecuter) had told the Regiment and the RMP's that there was no legal basis to enter my room based on hear'say. No legal basis = No admissiable evidence.
    No confession either. Which meant no conviction.
    I have a nice clean record, work as an accountant and got £7,000 for the hassle. Because I kept my mouth shut.

    • @Skynightburst
      @Skynightburst 2 года назад +6

      Nice

    • @user-vg7zv5us5r
      @user-vg7zv5us5r 2 года назад +11

      and here you have just confessed it

    • @bkray26
      @bkray26 2 года назад +24

      @@user-vg7zv5us5r cool, they can spend the time of tracking me down, then I'll say it was a creative writing exercise and then sue them again. Looking forward to it.

    • @justamango942
      @justamango942 2 года назад +18

      @@bkray26 and this comment was just you telling us about an amazing fictional story exercising your amazing creative fictional writings skills *wink*

    • @bkray26
      @bkray26 2 года назад +11

      @@justamango942 bingo : )

  • @ChevySS1968
    @ChevySS1968 6 лет назад +311

    We can only hope that he DOES somehow make it to the Supreme Court!

    • @theepworthepiscopalspike8698
      @theepworthepiscopalspike8698 6 лет назад +30

      ChevySS1968 they don't want anybody in there that's willing to expose them the way he is

    • @peppermintcatsass3141
      @peppermintcatsass3141 4 года назад +4

      ... previous comments pre Kavenaugh SCOTUS Hearing.

    • @ChaplainBobWalkerBTh
      @ChaplainBobWalkerBTh 3 года назад +9

      all the bullies I knew in school ended up as cops

    • @yogioto
      @yogioto 3 года назад +3

      He doesn't give a shit either, he just wants to sell his book ;)

    • @ChaplainBobWalkerBTh
      @ChaplainBobWalkerBTh 3 года назад +12

      @@yogioto Yeah $8 for the book he is gonna be richer than bill gates

  • @zzzzoot
    @zzzzoot 5 лет назад +346

    If you don't want to buy the book, the SCOTUS' new legal requirements regarding the 5th are simply this:
    "Basically, if you're ever in any trouble with police (no, we don't condone breaking laws) and want to keep your mouth shut, you will need to announce that you're invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. "Petitioner's Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer's question," reads the opinion from Justice Samuel Alito, which Justice Kennedy and Chief Justice John Roberts backed. Justices Thomas and Scalia had a concurring opinion while the remaining four Supremes dissented."
    That means, you must say in absolute and firm terms: "I invoke my right to remain silent. I decline to answer any questions.", or "I invoke my right to legal counsel. Please give me a lawyer immediately".
    If you know this, and watch Duane's viral video, then you basically know everything you need.

    • @sdozer1990
      @sdozer1990 5 лет назад +2

      Isn't stating "I will not answer your question" opening your mouth to a police officer? I would suggest simply not opening one's mouth to a police officer much less anybody.

    • @LadyHotdogOfTheBun
      @LadyHotdogOfTheBun 4 года назад +64

      sdozer1990 hmmm... stating that you're invoking your right is not talking to police, but rather by announcing it, you're making it absolutely clear that you choose to be silent. It's unfortunate that Justices have created this mess (which begs challenging), based on their individual perception and not on the Constitutional protections afforded to each individual, regardless of circumstances.

    • @phatman808
      @phatman808 4 года назад +47

      @@sdozer1990 It's been found by the US Supreme Court that just remaining completely silent is in fact admissible evidence of guilt. So no, you have to explicitly invoke your right to remain silent as above. I don't remember how much James Duane went over that in the video here, but it's a big part of what he writes about.

    • @dwwolf4636
      @dwwolf4636 4 года назад +4

      @@phatman808 its in his book.

    • @edwardmiessner6502
      @edwardmiessner6502 3 года назад +21

      Here's how I would do it: "I respectfully invoke my Fifth Amendment right to remain silent and my Sixth Amendment right to an attorney. I therefore request an attorney. Until I have one I will not answer any questions."

  • @bluekeybo
    @bluekeybo 4 года назад +146

    "I want a lawyer." End of story

    • @wolu9456
      @wolu9456 3 года назад +2

      attorney

    • @edwardmiessner6502
      @edwardmiessner6502 3 года назад +38

      "I respectfully invoke my Fifth Amendment right to remain silent and my Sixth Amendment right to an attorney. I therefore request an attorney. Until I have one I will not answer any questions." This should do it.

    • @annotten7413
      @annotten7413 3 года назад +11

      Edward Miessner and never fall for the lie they tell that asking for a lawyer will only make you look guilty

    • @siriusjupiter2086
      @siriusjupiter2086 3 года назад +2

      oh law your could confess whatever is burdening your heart to the lawyer... and they give you good advice oh how to proceed, instead of someone who is waiting for you to fuck up and pin it on you... There are time for confessions and they aren't in an interview room.

    • @Rickwmc
      @Rickwmc 3 года назад

      Defendant: "I want a lawyer." Lawyer: "You gonna pay me $10,000?" Defendant: "I haven't go that kind of money." Lawyer: "Go to hell." as he slams down the receiver.

  • @karlbassett8485
    @karlbassett8485 5 лет назад +234

    Ordered the book. In the UK this advice still applies, but with a few variations. Firstly, our police are not allowed to lie during an interview. Things like "Your friend already confessed and admitted you did it" are right out. And they have to read you your right to silence the moment they have reason to believe you might have committed an offence. On the other hand they are allowed to tell the court you chose to remain silent. The best solution is to excercise that right from the very start. If you answer a bunch of questions and then suddenly choose to remain silent when they ask you a tricky question, and then in court you come up with a convenient answer to that question, the prosecution is allowed to suggest to the jury that that is mighty convenient. Stay silent from the start and that goes away.
    /Not a lawyer. Not legal advice.

    • @Nippleless_Cage
      @Nippleless_Cage 4 года назад +11

      Great advice even though you are not a lawyer. Thanks from a fellow Brit

    • @HighChancellorAdam
      @HighChancellorAdam 4 года назад +22

      Actually, in the UK, the jury could reach "adverse inferences" (basically take as a negative fact against you) if you choose to remain silent as to some fact that you later rely upon in court, or if you remain silent when asked why you are in a certain place (e.g. where you were arrested,) or how you came to be in possession of certain items (e.g. stolen goods.) In the US, there is an absolute right to remain silent by invoking the 5th amendment right against self-incrimination and demanding that a lawyer be furnished.

    • @awesomecooly123
      @awesomecooly123 3 года назад +9

      @Charles White You got it backwards bud, in the UK you can be guilty because you were silent, in the US you have no requirement to speak when arrested.

    • @TRENCHESandTREADS
      @TRENCHESandTREADS 3 года назад +9

      @Charles White What an absurd thought process you have. So, because someone chooses to not talk to people who's job is to manipulate you (the police) it's okay for the jury to decide that you're guilty?
      "Being a jury member is not about being totally scientific", jesus christ I hope you never end up on a jury, that's like the exact opposite attitude of what you're supposed to do as a jury member. If the evidence points to innocent you're not supposed to then turn around and go "yeah, but I had this gut feeling that he did it because he listened to rock and roll" or some stupid nonsense.
      God damn, people like you should be barred from reproducing.

    • @GMiller75
      @GMiller75 3 года назад +5

      Indeed, the right to privacy includes the right to not incriminate oneself and to be left alone, even by the state. This is a fundamental, inalienable and inherent right stemming from natural law but very rarely used. Problem is that most folk do not know their rights and so waive them the first chance they get.

  • @kennethwilson4316
    @kennethwilson4316 4 года назад +296

    1. They are trained to lie.
    2. They know they can get away with murder.
    3. They will be believed no matter how outlandish the tale.

    • @taloutezero
      @taloutezero 4 года назад +48

      "I thought it was my apartment and even though I'm trained to pay attention I didn't notice different furniture, living space or the pictures of black people hanging everywhere"

    • @bamahama707
      @bamahama707 4 года назад +2

      Not always.
      Especially if you hired a good lawyer, and STFU.

    • @darwinkilledgod
      @darwinkilledgod 4 года назад +2

      @Klaa2 Well, the one SwordInStone was talking about was convicted of murder... so...there's that.

    • @kennethwilson4316
      @kennethwilson4316 4 года назад

      @Frank Stein serve a year of community service or probation

    • @kevinrehberg8758
      @kevinrehberg8758 4 года назад +4

      Its the flaw of the system..Prosecuting Attorneys are elected to get convictions..THAT IS THEIR JOB !!! Law Enforcement are co conspirators in that endeavor.. Do you honestly think that a PA will pass up a chance to get a conviction if there is any reasonable doubt??? No they will try to paint the picture as negatively as possible, and leave it for the defense attorney to disprove guilt, or worse (for them) prove the innocence.. Think about it....

  • @billrhoasts5456
    @billrhoasts5456 4 года назад +71

    This guy has a brilliant mind. He speaks so fast and yet so coherently and articulately and never fumbles with his word. Definitely on my top 5 list of lawyers I'd call if I ever have to go to court.

    • @soupy5890
      @soupy5890 2 года назад +1

      Good lawers talk, great lawers speak at the speed of sound

  • @WillyemWisdom
    @WillyemWisdom 2 года назад +31

    I'm not even being questioned by police or anything like that and I am sold on getting this book. Well done professor.

    • @Anonymous8317
      @Anonymous8317 Год назад

      I just bought it, it’s $9.99 at Barnes and Nobles. 20 bucks at expedited shipping. Cheap shipping prolly $15.
      Or pick it up at the store for $9.99

  • @guhalakshmiratan5566
    @guhalakshmiratan5566 2 года назад +77

    Used to be that "Better a hundred guilty go free than an innocent be convicted" was the sentiment of the land. Now pleading the Fifth is seen as "getting off on a technicality."
    Sad.
    As an immigrant from a third world country (and a PROUD American Citizen!) all I can advise my fellow countrymen is: please cherish the Constitution and your God-given/Natural-born Rights as human beings! The Constitution only codifies what you already enjoy simply by birth!
    Professor Duane - Thank you for this follow-up video to your amazing initial video.
    And yes, the book is ordered!

    • @jfryer485
      @jfryer485 2 года назад +1

      One famous UK judge is on record
      It is good to convict the guilty
      But even better to convict an innocent person.
      Not the exact but the idea is the same.
      There are in UK many examples of innocents in prison.

    • @thedevilsadvocate5210
      @thedevilsadvocate5210 2 года назад +1

      @Lexington73300
      What is happening with the 1/6 hearings and the fifth amendment?

    • @SonoftheWars
      @SonoftheWars 2 года назад +2

      Guha, we house 1/4 of the world's prison population yet are only 5% of the world's total population. Policing for profit will be America's legacy.

    • @Anonymous8317
      @Anonymous8317 Год назад

      I was a part of a big televised 1-2 month murder trial. We thought he did it but evidence was on the line. We decided that we’d rather let a guilty man walk (he wouldn’t pull this shit again and his sons/daughters were on his side) than put an innocent man in prison for murder.
      Mistrial by 11 not guilty to 1 guilty
      They tried him again (bs) and another mistrial with majority not guilty
      Tax payer money pissed away.
      I saw world renowned experts from both sides. Both sides spent millions.

    • @Anonymous8317
      @Anonymous8317 Год назад +2

      @@SonoftheWarsrivate prisons, a judge wound up in prison cause he was max sentencing kids for minor charges. Threw the book at them because the private prison makes money on people locked up and they were paying him under the table to convict max sentencing. Disgusting.

  • @michoelkotler
    @michoelkotler 6 лет назад +91

    A few years ago I saw Professor Duane's video "Don't Talk to the Police". After that, I thought I learned everything necessary to deal with law enforcement - simply don't talk. Recently I got the new audio book "You Have the Right to Remain Innocent", and I was amazed how much I still needed to learn. Even total silence is not enough protection for innocent people (like me)! You need to know HOW to assert your rights. I highly recommend this book for everyone because everyone needs protection FROM the police. Without this knowledge, you are unprotected. Please read it and pass it on to everyone you know especially your children. Professor Duane is a true American Patriot. We need more.

    • @howardfortyfive9676
      @howardfortyfive9676 4 года назад +2

      @Ron Stone NYPD is exxactly like that. Sometimes I watch it to relearn how to keep my mouth SHUT. NOTHING I say to roaad pirates will help me. They are vermin with a badge with the means to take my life. The TRUMP PRESIDENCY has proven to me govmint badges are scum so I stand on the 5th.

    • @ghostrider2664
      @ghostrider2664 4 года назад

      I actually believe your endorsement. I'll buy it.

    • @Zehested
      @Zehested 4 года назад +1

      @@howardfortyfive9676 the 5. ! What was it called... the 5. .....? I'm from Scandinavia and would like to read more about it but couldn't hear the word properly in order to make a search on it. Perhaps you will enlighten me?

    • @brianzmek7272
      @brianzmek7272 4 года назад +1

      @@Zehested it is not the 5, it is the 5th. As in the fifth amendment to the constitution of the United States of America. Among other things that amendment guarantees "the right to remain silent" which is what the other commenter is referring to.

    • @Zehested
      @Zehested 4 года назад +1

      @@brianzmek7272 Aha! The word I was asking for was Amendment🙂👍 now everything makes sense. We have something like the 5th Amendment too but its called something else. Thank you for helping me connect the dots, much appreciated 🙂

  • @toomuchtruth
    @toomuchtruth 4 года назад +25

    Professor Duane has shared CRITICAL information with us, but he also had me in stitches through the video. This guy is also damn hilarious. Seriously, his comedic timing is great. He could do standup comedy, what an AMAZING teaching.

    • @Anonymous8317
      @Anonymous8317 Год назад

      This is how teachers in any regard SHOULD be.

  • @edzeppelin6674
    @edzeppelin6674 6 лет назад +185

    I once asked a couple of defense attorneys I was lunching with why they did not offer to teach this kind of material to high schoolers and college kids so they could avoid abuses by cops....they looked uncomfortable and mumbled something until I asked point blank what was up? the one said " Hey, lets face it, we make a living off of people who primarily do not know their rights and get charged. We mostly plea bargain and their parents pay us quite well even when it is a lost cause because they gave consent to a search or talked to the police.". In other words, the lawyers worry that fewer clients will be out there if people knew their rights. They do not want an informed clientele, but the typical victim that says " Well, I thought the cop would give me a break if I talked"...or " I thought that they would search the car anyway..it makes me look guilty to say no", etc. the they plea bargain and satisfy the one paying their fees that all was done that could be...which is true after all hope is lost due to giving up rights...very few lawyers more concerned about the future and our liberties than making money.

    • @Longtack55
      @Longtack55 6 лет назад +6

      Yes they are too often uninterested in Justice but more so in getting acquittals for the guilty. "Challenging and testing the process" they call it. I can't fathom their indifference to morality as they exercise their profession. Thankfully some are motivated by career-enhancing wins from actual hard work for their clients.

    • @waynobrown3274
      @waynobrown3274 5 лет назад +3

      @@Longtack55 I agree with this,I am now being harassed from time to time in the town that I reside in.My girlfriend and I got pulled over,she had no clue why we was getting pulled over,he then stated "O I guess you are wearing your seatbelt" The officer didn't want to see her documents,he wanted to speak with me,he did and Then asked for my I.D.I presented it (knowing that I didn't have to)Then,he threw it back at me stated that he wasn't going to run it,because he knew they had a warrant for my arrest.He was very rude to me in front of ,not only my girlfriend,but her kids aswell. ..After he let us go,my girlfriend got upset,so she tried to file a complaint.Shariff Tony (bcso) stated to her that he wasn't going to take this matter anyfarther.a couple days later,she made another attempt to get a complaint on file an she got brushed off again.Were I live the Sovern Citizens can do what they want.The people in these parts can't complaine according to BC they don't have forms here.if you would like to discuss more or share any input feel free to contact me.. judtinbrown613931@gmail

    • @dalewalker4614
      @dalewalker4614 5 лет назад +8

      @@waynobrown3274 If they had a warrant for your arrest, why didn't they arrest you?

    • @erinflannery1920
      @erinflannery1920 4 года назад

      @saturnaliamiracle that's a fact, you're correct.

    • @davidjones8942
      @davidjones8942 4 года назад +2

      @Theodore Misc I don't think corrupt is really accurate, more that they believe their job is to close cases (police) even if they arrest the wrong person, and like defence attorneys are supposed to defend their client, guilty or innocent, because that is their job in the process, they (prosecutors) prosecute EVERY case that comes before them EVEN WHEN THEY KNOW THE ACCUSED IS INNOCENT! But corruption implies a concerted group effort to violate rights for some gain, and I find no gain there other than to punish those who refuse their plea agreement (ironicly the guilty would usually be happy with such an offer, while the innocent are rightly offended)

  • @CTSSTC
    @CTSSTC 3 года назад +61

    He talks in the cadence of an auctioneer and slurs his words together in harmony, but still sounds amazing and can understand everything he says

    • @dave5194
      @dave5194 2 года назад +2

      I understood what he said for the most part, but there was one moment at the end where I all I heard was a jumble of syllables. I imagine he would be a challenge to understand for anyone who isn’t a native speaker

    • @tolep
      @tolep 2 года назад +1

      @@dave5194 It wasn't that bad ;)

    • @rodrigodepierola
      @rodrigodepierola 2 года назад +1

      I speak very, very fast, but this guy is the Michael Jordan of talking fast; I'm ashamed of thinking of myself a fast talker.

    • @kirasussane1556
      @kirasussane1556 2 года назад +1

      @@dave5194
      I'm not a native speaker and i can understand him.He talks fast but he has an amazing enunciation.

  • @johnkennedy1506
    @johnkennedy1506 2 года назад +27

    He is a legend. I watch his viral clip every year or so as a reminder of the right to remain silent.

  • @william4041
    @william4041 7 лет назад +127

    Thank you, James Duane, and the Cato Institution for posting this video on You Tube. Thank you, James Duane, for writing your excellent well-written and well-organized book.

  • @djdarkko5010
    @djdarkko5010 5 лет назад +266

    I was wrongly incarcerated and wish I had seen this beforehand! All I will ever say now is "Lawyer."

    • @alexanderchenf1
      @alexanderchenf1 4 года назад +2

      Have you got reinstated?

    • @modelcitizen1977
      @modelcitizen1977 4 года назад +62

      "We're investigating the murder of a lawyer. Tell us who you killed."
      "Lawyer."
      Open and shut case, Johnson.
      Never, EVER talk to the police. Not one word.

    • @fineartonfire_5327
      @fineartonfire_5327 4 года назад +5

      Andrew Elias....even then, you’re gonna be there a LONG time without a lawyer unless you ask for one.

    • @jefflafferty7472
      @jefflafferty7472 4 года назад +15

      The days of defense lawyers being assistive to the prosecutor have long been upon us. Beginning with civil rights waiver forms and negotiating plea deal options prior to formally interviewing their clients.

    • @kelvinb16
      @kelvinb16 4 года назад +21

      How did he seem when he asked for his lawyer officer,
      Officer: on edge as if he was worried that he had been caught...

  • @davidbrock4104
    @davidbrock4104 4 года назад +19

    "I don't answer questions & I want my lawyer". Edit: I would LOVE to see Duane on the high court. How awesome that would be.

    • @davidbrock4104
      @davidbrock4104 4 года назад +1

      @C. Michael nothing British about the video. I still would love to see him on the US Supreme Court, he has great respect for our Constitution & the rights of citizens

  • @pr0xZen
    @pr0xZen 2 года назад +9

    DO NOT FORGET: _You _*_MUST express your intent_*_ to exercise your right to remain silent!_ Silence itself _does _*_not_* automatically imply you are exercising that right, and until you make that known, adverse inferences *can and will* be drawn against you.
    - Supreme Court 5-4 decision, 2013, _'Salinas v. Texas'._

    • @1978garfield
      @1978garfield Год назад +2

      Remember in the Rittenhouse trial the prosecutor made big deal out of the fact Kyle took the 5th.
      The Judge rightly reamed him out for it but I'm pretty sure the jury heard it.

  • @dstevans
    @dstevans 4 года назад +88

    I've been trying to figure out why it's so difficult to ignore a police officer's interrogation (questions). The worst part of all this is, from a young age people have been indoctrinated to answer all questions from figures of authority.
    Most of us as a child got a smack on the head from a parent or guardian and an angry, "Hey the (teacher / grownup / police officer) is asking you a question, ANSWER HIM." This is deeply indoctrinated behavior and nearly impossible to change, even after reading these horror stories.

    • @didymussumydid9726
      @didymussumydid9726 4 года назад +2

      world war 2 fallout

    • @codegeek98
      @codegeek98 2 года назад +1

      Watch some of the most skilled police investigators- this will sound dramatic, but I think they're trained in something like hypnosis. Once you're talking…

    • @wukongsun6223
      @wukongsun6223 2 года назад +5

      You'll find most people who are guilty want no part of a court process. You think an interrogation is the problem! 😆
      If you are guilty, the police have evidence against you. Their job is to get a confession to avoid a trial if possible.
      A lawyer isn't going to wave his magic wand and stop that process from happening.
      He or she is just going to argue the best case they can & hope you get a reduced sentence, however, that will likely not be possible, due to not answering in an Interrogation.

    • @Phrofetic_MayaN
      @Phrofetic_MayaN 2 года назад

      @@wukongsun6223 you're wrong. Ppl have rights and they're valid this isn't commie land. 5a 6a!!!

    • @wukongsun6223
      @wukongsun6223 2 года назад +3

      @@Phrofetic_MayaN When did I ever state people didn't have rights??
      And those rights only are as valid to when court proceedings start.

  • @mountainman6405
    @mountainman6405 3 года назад +9

    80% of convictions.
    Is because they said something.
    Never miss an opportunity to keep your mouth shut.

  • @CaliforniaArchitect
    @CaliforniaArchitect 6 лет назад +105

    Before I finished watching this video, I ordered his book.

    • @garicrewsen1128
      @garicrewsen1128 6 лет назад +9

      Now you ought to watch the video that started all this. ruclips.net/video/d-7o9xYp7eE/видео.html

    • @truthsmiles
      @truthsmiles 5 лет назад +4

      Same here! I paused it to order the book and came back to finish the video.

    • @bpgmail0003
      @bpgmail0003 4 года назад +1

      I had seen his older one "Don't talk to the police" a couple times before this one. But I had to order the book, too, before finishing this one. And for $5 on amazon, I thought "Why not?"

    • @CTSSTC
      @CTSSTC 3 года назад +2

      I doubt his book will teach anything more than what his first video and this one did, but I ordered it halfway through this video. Sounds like it will be a good read, and I'll make sure to pass it forward so it can hopefully help someone else. Going to get it for like $2.50 down from $5 after applying a couple of amazon credits :)
      I wish I'd seen his first video before being detained for four hours, before trying to talk through another 4 hours with the police to try and assert my innocence. Everything he says about the police's lies and techniques are scary accurate; I was played; how is this even legal for them? I never had any experience with the law before, and never expected to either. I jokingly say that I wish I would have done something so I would have known how the system works before hand. I assume most people learn too late as well. The irony is the back of a lawyer's card telling you to be silent, but by the time you have their card it's too late. Watching his first video in the middle of a pending case was the worst thing to watch after talking for four hours to the police, and the best thing to have finally seen -- although it be too late; it's like watching 10 things not to do before you get on a boat, and you're watching it on the boat already.

    • @Anonymous8317
      @Anonymous8317 Год назад

      Same

  • @Floppyoneactual
    @Floppyoneactual 7 лет назад +252

    I love Professor Duane! He is a hero of mine!

    • @Floppyoneactual
      @Floppyoneactual 7 лет назад

      yeah ill get right on that random youtube dude ;)

    • @erwin643
      @erwin643 6 лет назад +3

      Huh?

    • @Milesco
      @Milesco 6 лет назад +3

      Yeah, he's a hero of mine, too.

    • @FirstLast-cf4mi
      @FirstLast-cf4mi 5 лет назад +8

      We need more Professor Duanes.

    • @ericbland2
      @ericbland2 5 лет назад +3

      Love how fast he talks haha.

  • @user-py2st6vq3m
    @user-py2st6vq3m 5 лет назад +70

    The first time i heard Duane speak, i was impressed by how good a lawyer and civil rights defender he is.
    By the third time i heard Duane speak, i was impressed by how good a book salesman he is.

    • @GalokVonGreshnak
      @GalokVonGreshnak 5 лет назад +14

      I read it in a couple hours on the Amazon Prime reading. Absolutely insane. I'm gonna be shaking my head for the rest of my night shift in disbelief of how crazy our legal system is

    • @kingleoxvii2463
      @kingleoxvii2463 5 лет назад +4

      @@GalokVonGreshnak was it really that bad? Not the book, but our legal system.

    • @GalokVonGreshnak
      @GalokVonGreshnak 4 года назад +9

      @@kingleoxvii2463 huh, my comment never showed up... it's absolutely insane, and it has ruined what little trust I had in the legal system. Duane pulls up over a dozen case studies of people getting their lives completely screwed over in some of the most malicious ways.

    • @davidjones8942
      @davidjones8942 4 года назад +11

      @@kingleoxvii2463 until you have been screwed over by the government that is SUPPOSED to protect your rights, you will never fully comprehend how evil it is.....

    • @kingleoxvii2463
      @kingleoxvii2463 4 года назад +1

      @@davidjones8942 I definitely believe that.

  • @grendelum
    @grendelum 5 лет назад +18

    It’s funny, but my lawyer (who defended me in my delinquent youth and whose firm now represents my business) talks *_exactly_* like *Professor Duane...* several defense attorneys I’ve met have this similar fast paced and *_precise_* manner of speaking that I thoroughly enjoy !!

    • @Whatisright
      @Whatisright 5 лет назад +1

      No bullshit and too the point, couple jokes sprinkled here and there?

  • @oboe440
    @oboe440 7 лет назад +155

    I want to take this guys class

    • @BnaiHaShem
      @BnaiHaShem 7 лет назад +26

      G Oboist I've taken it. He's awesome. He may speak fast, but he's teaches and writes very effectively.

    • @benignuman
      @benignuman 6 лет назад +15

      Taking notes would be a nightmare

    • @Milesco
      @Milesco 6 лет назад +16

      @ benignuman: your pencil would burst into flames.

    • @rastis5611
      @rastis5611 4 года назад +2

      It’s called the bill of rights.

    • @martinam7806
      @martinam7806 2 года назад

      @@Milesco maybe record it …

  • @stuna101a
    @stuna101a 7 лет назад +48

    Just like on GoodFellas. "You don't say nothing you don't get nothing." Jimmy the Gent

    • @katherinestiletto
      @katherinestiletto 4 года назад +3

      Never rat on your friends, and ALWAYS keep your mouth shut

    • @ITILII
      @ITILII 4 года назад

      What was the first thing Paulie told Henry ? Always keep your mouth shut !!!

    • @serioussam909
      @serioussam909 3 года назад

      @@katherinestiletto but what if your friends rat on you?

    • @katherinestiletto
      @katherinestiletto 3 года назад

      serioussam909 then you tell them they’re getting made and invite them upstate and clip ‘em

  • @cliffordbodine5834
    @cliffordbodine5834 6 лет назад +32

    Information like this is so valuable, it could keep you out of prison and could even save your life!

  • @1959Berre
    @1959Berre 4 года назад +7

    Mike Erhmantraut in "Better call Saul" set the perfect example when he was questioned by the cops. The only word that came out of his mouth was "lawyer", each and every time they asked him a question he gave them the same reply: "lawyer". No more, no less.

  • @rossjewell3576
    @rossjewell3576 2 года назад +5

    This is what we need to teach in school. Not only what the constitution says but what your rights are. Love you and the knowledge you share are indeed important to everyone.

    • @Anonymous8317
      @Anonymous8317 Год назад

      Rights, taxes, entrepreneurship, trades like cnc coding / operating. Electrical, etc

  • @thefnaffan2
    @thefnaffan2 4 года назад +95

    I bet if he read his on book on RUclips, it would be done in 15 minutes.... Thanks for though, I like this guy.

    • @sagebrooks6907
      @sagebrooks6907 4 года назад +3

      Ditto

    • @dougoverhoff7568
      @dougoverhoff7568 4 года назад +2

      You think it would take THAT long?

    • @carlsutherland3730
      @carlsutherland3730 4 года назад +4

      @@dougoverhoff7568 It would take longer, because he would work in a few more jokes. He loves a crowd.

  • @twisttrax
    @twisttrax 4 года назад +13

    This guy captured my attention within minutes. Enthralling! Informative, sensational without being sensationalist!

  • @Tanglangfa
    @Tanglangfa Год назад +3

    From a case in Texas this week:
    "He did not cooperate, because he requested a lawyer and said he did not want to talk with us," (Detective) Shupe said.
    The man was accused of driving his teenaged son before and after the son shot three other teens at a convenience store. The dad got life without parole. They cannot find the son. The quote is about the dad.
    I am not saying he’s guilty or innocent. I’m just saying that quote from a detective is a problem.

  • @tonyclifton265
    @tonyclifton265 7 месяцев назад +2

    i regularly rewatch James Duane's excellent youtube video "dont talk to the police". brilliant lecture. i used to think the 5th amendment was just a shelter for wrongdoers but it really opened my eyes

  • @alpheusmadsen8485
    @alpheusmadsen8485 3 года назад +19

    I remember several years ago a self-defense lawyer explaining the *one* exception he had for "don't talk to the police" -- if you have had to act in self defense, it's important to point out exonerating evidence before it gets lost, wanders off (in the case of eye-witnesses), or otherwise gets destroyed. However, he *did* give a caveat to that advice as well: it's *important* to give that information, ask for a lawyer, and say *nothing else* -- and if you're the type of person to ramble rather than to do *just* that, it's *still* a good idea to say nothing at all but "I need to speak with my lawyer".

  • @georgec9590
    @georgec9590 4 года назад +27

    Professor Duane, I absolutely loved your earlier video on "don't talk to police". This video is very good too. I just ordered your book from Amazon and very much look forward to reading it. Keep up the terrific work you are doing to educate Americans on the great fifth amendment left to us from our extremely intelligent founders.

  • @Danielperez-to6vh
    @Danielperez-to6vh 4 года назад +4

    Thank you Mr. Duane! Thank you Cato Institute for posting!

  • @soylentblue6924
    @soylentblue6924 4 года назад +1

    ... incredibly this kind of injustice is going on in my country (Scotland) your words resonates with truth! I can't believe how many Americans fail to stand by their 5 amendment every time they come into contact with public servants! Fantastic vlog thank you

  • @richardlincourt2519
    @richardlincourt2519 2 года назад

    Thank you for posting this, it is a spiritual battle out here and unfortunately people don’t regard psychological comforts and fall for traps and snares.

  • @jeremievanek4839
    @jeremievanek4839 5 лет назад +12

    I absolutely loved this book. I will ensure my children read this book when they are old enough to understand

  • @pilotandy_com
    @pilotandy_com 4 года назад +16

    13:43 - When they ask you about yourself during jury selection, stand up, state your name, invoke the 5th, and sit down. Apparently perjury crimes are levied against jurors too.

  • @Dr.M.VincentCurley
    @Dr.M.VincentCurley 4 года назад +5

    Love the book, reading it yet again for clarity. I look forward to your service on the Supreme Court, enjoy your vacation in DC.

  • @Anonymous99997
    @Anonymous99997 2 года назад +6

    I am reminded of how the judge in the Kyle Rittenhouse trial chewed out the prosecutor for even mentioning Rittenhouse’s remaining silent during initial questioning. He tried to infer that refusing to answer the officer’s questions made him look guilty and the judge ripped the prosecutor a new one for it.

    • @Anonymous8317
      @Anonymous8317 Год назад +2

      Yup, and sited the constitution right

  • @ChesapeakeAreaParanormal
    @ChesapeakeAreaParanormal 6 лет назад +227

    Damn is it just me or is this guy talking a thousand miles a minute

    • @sconnell1791
      @sconnell1791 4 года назад +18

      He does talk that fast. It makes learning in his class rather tough lol.

    • @razray2527
      @razray2527 4 года назад +7

      I slow it down to 0.75 in the setting .

    • @gregrobinson7366
      @gregrobinson7366 4 года назад +6

      Cocaine

    • @razray2527
      @razray2527 4 года назад +2

      @Truth Hurts Or maybe English is their second language , Mr. Snotty .

    • @razray2527
      @razray2527 4 года назад +2

      @Truth Hurts WTF .... No one here is stating an opinion about your country , dude , the conversation is about his quick talk , you're either on the wrong thread or you're on ... something .... chill .

  • @sheilapasquini6232
    @sheilapasquini6232 4 года назад +11

    Heaven bless this man! My brother in law was almost arrested at the scene of an accident because the other person blamed him. He said and kept saying, I don't know what happened. As a result, no blame was attached, both insurance companies paid and the officer could not arrest anyone.

  • @floridashawn7317
    @floridashawn7317 3 года назад +1

    Book purchased. And I've watched Don't Talk to the Police video several times. This guy cracks me up.

  • @johnbaugh2437
    @johnbaugh2437 Год назад +2

    I saw his original video randomly as it came on youtube feed 14 years ago. I thought wow I had no idea. Since then every time I see a true crime show, it amazes me no one invokes the 5th amendment. Then the detectives say she/he “didn’t act sad enough” or they will say she/he were “over the top with emotion.” Either way they questioned the credibility. Then they find some minor inconsistency, or something the person hid out of embarrassment during the interrogation, and that’s it. No other real evidence gets presented. Then the person is on trial and usually gets convicted. I downloaded this book just now. My kids are teens and I need to know what to tell them for their future benefit.

  • @MrHappy4870
    @MrHappy4870 2 года назад +11

    I got dismissed from jury duty because I said to the judge, "You'd better have something more than a police officer's word". I got dismissed so fast it would make your head spin.

    • @sungod9797
      @sungod9797 Год назад +4

      You should’ve kept your mouth shut and just voted not guilty later. You could’ve saved someone from being convicted on insufficient evidence had you made an effort to stay on the jury

    • @Anonymous8317
      @Anonymous8317 Год назад +2

      I did 1-2 months on a murder trial. I had a significant impact on their not guilty verdict.
      Of course I was getting 70+ a day. Now where I live it’s cents so most ignore it unfortunately because they can’t afford time off work.

  • @FirstLast123
    @FirstLast123 4 года назад +9

    Talking to government will always hurt you

  • @BillKinsman
    @BillKinsman 4 года назад

    You are the best! Thank you so much for the golden advice about why you should never talk to the police in any case, for any reason!

  • @alexandrevaliquette1941
    @alexandrevaliquette1941 2 года назад +1

    Thank you very much for that 3 hours conference.
    I've learned a lot.

  • @46monkeyes
    @46monkeyes 4 года назад +3

    As an instructor, I usually play his other video for my students.
    Love Professor Duane and what he represents here!
    💙⭐️☮️💙⭐️☮️💙⭐️☮️

  • @ReadTheShrill
    @ReadTheShrill 6 лет назад +20

    James Duane is not only a great criminal lawyer and crusader for freedom, he's the best book pitchman I've ever heard.

  • @theskintones
    @theskintones Год назад +2

    This man is a saint. He should be a national hero, there should be statues dedicated to him and every school child should be taught to read his book. Yet, the average american still thinks the justice system works like they see on TV Police shows.

  • @darrelllangerd7531
    @darrelllangerd7531 3 года назад +2

    He’s 100% correct! I have never been in trouble in my life and I even told my kid if the police want to question him for him to say I want an attorney and say no more!

  • @darrylhudson918
    @darrylhudson918 6 лет назад +51

    We are all one bad choice from needing an attorney...thanks for the video

    • @MAKAROVOWNER
      @MAKAROVOWNER 4 года назад +3

      Or one false accusation.

    • @MAKAROVOWNER
      @MAKAROVOWNER 4 года назад +1

      @Hi Lo I have personal experience that I have shared on you tube. It is said only a fool represents himself. Whether we agree or not with that is up to us. The reason I hire a attorney is the same reason I do not captain a ship without training and experience. If I am accused falsely my very life is on the line and have no idea how to win a trial. It is not sufficient to stand be for the jury and repeat I did nothing wrong. I could not navigate the system in filings of documents. A hostile judge and district attorney together would eat my lunch. My new color would have been prison Orange. When your soap box is the whiteness stand and you own the worst seat in the house as the accused your perspective may be different. I can tell you with zero doubt I would be in prison on false claims had I not obtained a experienced attorney. I do understand your argument. The accused and jury have one thing in common the rest do not. What? They are not paid to be there. The accused wants the jury to listen closely. I myself am forever grateful to the jury for looking, listening, and understanding what the claims were, the laws, and bottom line of what was really going on. I was fully acquitted of all charges. It was terrifying. I watched the cowardly district attorney to be excused and a stand in called be for the jury announced the verdicts. The bastard fled.

    • @MAKAROVOWNER
      @MAKAROVOWNER 4 года назад +1

      @Hi Lo Hello, you do not know how I felt unless we could swap and you undergo the experience in my boots. So let me give you a brief taste. Dakota was 14. We were called from work to school. He had threatens to kill a school mate girl on the internet. Because we both showed up and they school and police could see how troubled we were they did not arrest him. I backed the schools play and put him to work at home. No remorse from him none. He colluded with a drunken neighbor that hates us while I was at work. Made 11 pages of lies attached to a football. My wife starts taking him to the hospital and they put him in the psyche ward at least twice. I finally realise through finding his hand written notes we are being played, fucked with. Spanked his ads hard with My bare hand. My wife gets in an argument with the neighbor and I tell him to stay away. Coarsely. My wife's birthday I take her to a movie and dinner. Return home to be arrested. During arrest I kept repeating I would like an attorney politely. They try to separate my wife and I and I beg her to stay which she did. Told her I believed they would write statements claiming I said them that I never would. I was cuffed. Led toward the car. Kid is laughing. Bastard accords the street is smirking. I said something to dakota and the cop tells me I can't talk to him. I told him I have the right to remain silent but he has no right to tell me who I can talk to. Then the cop starts shoving hard trying to knock me down. As I try to keep my feet he is looking to build resisting charges and I know it calling him out on it. They kept me in the car with my body weight on the cuffs for at least 3 hours. This was just the beginning of the abuse. 9 months later after I was drained of assets, liberty, courage, wellbeing, respect, honor, understanding..my faith in God was strong. I leaned upon him stepping forward and the jury understood the Real story setting me free. I was fully acquitted. Justice in this country is dead when there is no recourse. The destruction upon others continue. The cops committed perjury. The department covers knowing no one will help me and told me so. You cannot find held with sheriff, state police, or the FBI. No attorney will assist and the click passes another sentence. Meanwhile DHS abuses your family by disregarding the jury findings as nothing and writes founded dispositions to use in the future. We can debate theory as people are destroyed. What good is it? Where is the value?

    • @MAKAROVOWNER
      @MAKAROVOWNER 4 года назад +1

      @Hi Lo well mister. The cops are crooked the judge was crooked and my attorney was crooked. Tho you say what I did was all wrong I am a free man. Legally whole. My business and marriage intact. Tho you claim to be so enlightened you have not proven a dam thing. You know the numbers? 87% self convict. 1 to 1.5% go to jury and 5p% of those are convicted. The balance are dropped cases or bench trials. Tell me? What is the percentage go free with your suggestions? Good luck. I bet they are part of the 87% while I was in the .5 to .75. Thinking your blather equals conviction for most who follow your pied piping.

    • @MAKAROVOWNER
      @MAKAROVOWNER 4 года назад

      @Hi Lo No. You would have to live it to understand. You would have to survive as I did the full onslaught of the state trying to protect from damages. Words will never pass on such an experience. It's like explaining what it is to be self employed to an employee. You must live it. For you sake I hope you and every other soul never does. But the attacks on our people will continue until each of the bastard is financially destroyed or imprisoned. Good luck to you 87%.

  • @tylerwhite3746
    @tylerwhite3746 3 года назад +6

    I brought his book “You have the right to remain innocent”. Great book blew my 🤯

  • @th3dudeabides1
    @th3dudeabides1 4 года назад +3

    I saw his "Don't Talk to Police" video. I will now first get a lawyer and two, never talk to the police under any circumstances unless I'm granted immunity first. "Thanks James.

  • @GetMeThere1
    @GetMeThere1 4 года назад +5

    Ah!! It's the "never talk to police" guy! That video is FANTASTIC, and I've recommended it to many people (including many cop friends, lol).

  • @kevinlawrence3105
    @kevinlawrence3105 6 лет назад +15

    8 years later, I still refer students to your work. I just bought the book. tx

  • @stemfactory7312
    @stemfactory7312 4 года назад +6

    I talked my way out of a DUI once. The Cop said, "he had never had anyone be honest with him before".

    • @stemfactory7312
      @stemfactory7312 4 года назад

      @ChiliContestWinner Exactly my point.

    • @wolu9456
      @wolu9456 3 года назад

      This clip sums it up
      ruclips.net/video/VLZOFZggG4w/видео.html

    • @Anonymous8317
      @Anonymous8317 Год назад

      99% will lock you up quick. You won the lottery or it was decades ago.

  • @Sarge395
    @Sarge395 5 лет назад +3

    Bought the book on audio and listened to it. Great stuff.

  • @ITILII
    @ITILII 4 года назад +2

    "Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to the police under any circumstances." Watts v. Indiana, 338 U.S. 49. Robert H. Jackson, Assistant General Counsel, IRS; Assistant Attorney General; Solicitor General of the United States; Attorney General of the United States; Associate Justice of the United States Supreme Court; US Chief Counsel of the International Military Tribunal (Nuremberg) Taking the advice of Robert Jackson and James Duane is the responsibility, the right and the duty of ALL Americans !!!

  • @azulisxanderholm3948
    @azulisxanderholm3948 4 года назад +11

    Bought the audiobook on audible. Thanks to Mr Duane for narrating his own book

    • @wayneurquhart1967
      @wayneurquhart1967 3 года назад +2

      Did he narrate the book as fast as his talk?

    • @daishi5571
      @daishi5571 2 года назад +3

      @@wayneurquhart1967 The best 3 minutes ever!

  • @garyshields3885
    @garyshields3885 5 лет назад +13

    this guy is pure class

  • @BillOtinger
    @BillOtinger 3 месяца назад +2

    Refuse a Search, Request a Lawyer, Send you lawyer to talk to Police Alone , Never Talk to Police even with a Lwyer that was a Warning from a Supreme Court Justice

  • @s.e.hebert7307
    @s.e.hebert7307 5 лет назад +1

    THANK YOU so much for doing this VERY IMPORTANT WORK!1

  • @jimmccandless4307
    @jimmccandless4307 4 года назад +17

    One of my favorites:
    Owen vs city of independence Missouri : 1982
    Officers of the court claiming to act in good faith does not relieve said officers from liability. Willful depravation or ignorance of the law cannot be claimed by a judge or officer of the law who's duty is to know the law.
    No judicial immunity if you violate someones constitutional rights!
    All officials who violate a citizens rights under Constitutional law put themselves in peril of criminal and civil recourse! As a citizen cannot claim ignorance of the law much less an official of the court.
    Supreme Court reports 100 vol
    P.1398
    Maine vs fibbado 1982
    100 supreme Court 100 vol p.2502
    Also
    Owen vs city of independence Missouri : 1982

  • @nayrtnartsipacify
    @nayrtnartsipacify 2 года назад +3

    I got pulled over on my way from Arizona to Texas some years ago. Got pulled over by 5 different agencies near the border. They were riding my ass trying to get me to swerve or speed up. I didn't so they passed me and pulled me over after I passed them. Cop says you are shaking like a leaf. I told him yeah you were driving pretty crazy close to my bumper. He asked my if he minded if he searched my car I told him I dont consent to searches. He said well I am detaining you for a k9 that is 2 hours away which is within my power. This is where I messed up. I said I guess well I guess we are waiting. K9 unit shows up and guy obviously lifts the dog up to my door. So they rip my car apart. I've got all my worldly possessions torn through and haphazardly shoved back in my car. They find nothing so they politely tell me to have a nice night and that I'm gonna get pulled over again as soon as I cross the state border, which happened. What I should have done is reaffirmed I dont consent to searches and asked if I was free to go. P.s. my car is still all fucked up from it.

  • @louiseking4519
    @louiseking4519 4 года назад

    Thank You for your dedication to us the public. I read John Grisham's book An Innocent Man. It was so honest, but heart breaking. I am one of those people who wood have tried to convince them because I knew I was not guilty. I am a defensive type.

  • @speakstheobvious5769
    @speakstheobvious5769 4 года назад +3

    Last time I was pulled over was for a head light that was out. I was polite to the cop. The cop out of nowhere wanted to search my car. "I don't consent to any searches". Officer let me go with a warning to get my headlight fixed. Learn and know your rights.

    • @Anonymous8317
      @Anonymous8317 Год назад

      “I do not consent to any searches or seizures of my car or my person”
      They can pay you down for safety but not remove items like a Terry stop

  • @pdoylemi
    @pdoylemi 2 года назад +3

    You could not be more correct. About 20 years ago I nearly talked myself into a felony indictment for a crime of which I was one of the victims.

    • @tlfp7587
      @tlfp7587 Год назад +1

      @@UncleSemantic You talk to an attorney first before going to the police in my opinion. Always.

  • @gloomylobster111
    @gloomylobster111 3 года назад +9

    Still impressed at the speed how fast he can say the alphabet backwards so fast

    • @damonrao6625
      @damonrao6625 3 года назад +1

      Agreed! A neat party trick to learn the backwards sequence in its own right.
      Im actually impressed at how fast he speaks during the entire lecture. I have to keep checking I'm not listening to this in 1.5x

  • @k.chriscaldwell4141
    @k.chriscaldwell4141 2 года назад +2

    1. So, a relative of my father's wife is driving into town. He's an ex-con (drugs). He is traveling with his wife and their daughter. The gun and badge thugs stop them.
    During the stop, the gun and badge thugs ask him if there is a weapon in the car. He responds yes, his wife's. He feels that he has no worries, as the weapon is not in his possession, and, as per law, is unloaded and packed in a locked container in the back of the vehicle. That is, he, as to law, is not in possession of a weapon. The gun and badge thugs proceed to arrest him, attempt to seize the vehicle, do seize over $4,000 cash from him, and tie the family up in town for over 4 months.
    They both lose their jobs in their home state and must rely upon the kindness of family and friends to sustain them for over four months. DON'T TALK TO THE GUN AND BADGE THUGS!
    2. An infirm veteran of over 70 years is stopped by a gun and badge thug just down the road from his pharmacy. He has just picked up a refill of a prescription that treats the ailments he was given by the US Tyranny's military during his time in uniform.
    The gun and badge thug asks him if he has any prescription medication*. The veteran answers yes, and shows the gun and badge thug the medication when asked. The veteran is arrested for possession of controlled medication without a prescription. Never mind that his identity is plastered on the newly minted bottles.
    The gun and badge thug also tows the veteran's vehicle and seizes his legal weapons. The veteran is out several thousand $$$ to defend himself and must fight the gun and badge thugs for the return of his weapons. And the veteran's medication "disappeared." DON'T TALK WITH THE GUN AND BADGE THUGS!
    DON'T TALK WITH THE GUN AND BADGE THUGS!
    *More and more the gun and badge thugs are paying people in pharmacies to call them when someone refills certain medications. The gun and badge thugs then stop, cage, mulct, and rob the prescription refiller. Regardless of outcome, the refiller is out much in time, $$$, possibly job, and their medication often disappears. I know of at least one person that parks some ways away from their pharmacy and then takes a bus to pick up their medication as a precaution against this.

  • @Knautschfriese
    @Knautschfriese 2 года назад

    English ist not my foreign language, but its amazing that I can understand Mr. Duane. He speaks fast, but very clearly, und understandable :-)

  • @micaKTM1290
    @micaKTM1290 4 года назад +5

    I could listen to him talk for hours.

  • @LeoWhalen1933
    @LeoWhalen1933 3 года назад +5

    I dont know if you all agree, but this guy is one awesome human being.

  • @FunnyBugBeesandWoodWorks
    @FunnyBugBeesandWoodWorks 4 года назад

    just purchased book on Amazon for my kids to read, thanks Mr. Duane!

  • @havenbastion
    @havenbastion 4 года назад +28

    I've asserted my rights plenty of times, they don't care. The only way forward is to be integrated and wealthy enough to purchase justice through a lawyer.

    • @lukamilas8648
      @lukamilas8648 2 года назад +3

      One day their brutality will backfire. 2020 mass protests was just the beginning.

  • @nageeb96
    @nageeb96 4 года назад +4

    100% right on point MR Duane ..thank you .do not talk ever to police.

  • @ericsmith5919
    @ericsmith5919 2 года назад +3

    In the immortal words of Tom Segura:
    "I'm gonna talk to the police and straighten this whole thing out."
    "You're gonna do 25 to life, good luck with that."

  • @Anonymous8317
    @Anonymous8317 Год назад +2

    I’ve been on a big 1.5 month televised murder trial as a juror. SHUT UP AND GET AN ATTORNEY. A good prosecutor like I saw is terrifying….they’ll twist and turn words to their benefit.
    The defendant was never convicted and was tried twice in 2 counties. It cost him millions in expert witnesses both times. He was fortunate to be wealthy.

  • @mralien4710
    @mralien4710 4 года назад +2

    Eye opening keep up the good work.
    A few good men! Cheers

  • @maximilian333
    @maximilian333 2 года назад +4

    New Technology is another factor. Most police are recording audio and video of every interaction , and can pick and choose how they use it. But you don't have automatic access to that data nor can it usually he used to exonerate anyone just convict them. And it ensures police won't miss or forget a word. They have all the power there. So literally your only move is to remain 100% silent as awkward as it feels or looks. And they will make it feel awkward. One needs to learn relaxation techniques to use if you find yourself targeted by our paramilitary militarized police-soldiers. These guys aren't the community police / public servants of the past. They treat citizens like an occupied population in the mideast like Iraq. They may be your neighbors but are NOT your buddies.

    • @heidi2166
      @heidi2166 2 года назад

      This is why the police are now some of the most hated people on the planet just like the Gestapo was. This is why when please come on the scene we are tempted to shoot first and ask questions later. It figures that they like to use the fireman for medical because they don't give a s*** about saving your life

  • @Jugivadi
    @Jugivadi 4 года назад +8

    There he stands, every court stenographer's nightmare.

  • @MarkLawsonY3K
    @MarkLawsonY3K 6 лет назад

    What wit, what clarity....I'd vote for you Justice Duane. Might a Judge Judy pathway have the same chance as your RUclipss? "Officer, I'd love to answer your questions, but my Lawyer: _______________ says he will kick my Arse if he finds out I answered even one question before he comes back from the golf course." Thank you Cato, James, come to Texas Tech, hundreds want to buy your book!

  • @BillKinsman
    @BillKinsman 2 года назад +1

    I wish I could talk half as fast as this guy! What a command of the subject and the English language! Don't talk to the police. Just say that you have no statement and wish to speak to an attorney, repeatedly. Stick to your rights.

  • @donniefronterhouse7793
    @donniefronterhouse7793 2 года назад +5

    I made the mistake of voluntarily went down to talk to detective. I knew I had no reason to fear because I had done nothing wrong. I felt that I escaped by the skin of my teeth. They already had a file on me. I decided that I would never do it again.

    • @devdev19
      @devdev19 2 года назад

      Glad you got out bro. Spread the word so your friends and family are aware too.

  • @morphling337
    @morphling337 4 года назад +11

    That last time I answered an innocent seeming question, my date of birth, the officer lied and claimed his system showed a different birthdate, then used my "lie" as probable cause to pull me out of the vehicle. Then he had k9 unit come when I wouldn't let him search. The unit did NOT hit, but he opened my vehicle and allowed the dog inside anyway. All because I answered a single question: I had already watched Duane's content, so I knew better than answer questions, but I thought my birthday was safe. WRONG WRONG WRONG. If you answer a single question, you can be accused of lying. No exceptions. The police shouldn't be allowed to lie. A single lie should invalidate their entire case. Intentionally misrepresenting the law as an officer should be the worst crime in our legal system. Yet it's not even illegal. In the long haul, there is nothing more dangerous to liberty. Until that changes, police might as well be enemy combatants, entrapment artists who's only purpose is to oppress and fleece the population, just like Mafia "protection" who do farm more damage to our country than any external threat ever has or will. It doesn't matter if they have 100% pure intentions because they are cogs in a wheel that has degraded into absolute corruption. Tell them that every time they ask why you won't answer questions. I WANT desperately to be a police supporter. I believe the warrior class should be held in the highest esteem of a culture. That's the appropriate position for those willing to risk their lives to protect the law. And I wish the police were part of a system I could trust or respect. But you have to earn that. And to be worthy of the high honor of protecting the law, you should regard that as a sacred duty to carry out it's letter AND spirit, and most importantly to start by ALWAYS applying it to yourself first! But instead are taught to regard those aspects of the law that serve to restrict their power as merely inconveniences while the supreme wisdom and ABSOLUTE necessity for those restrictions are intentionally downplayed or omitted in their curriculum. They have very little grasp on the long-term ramifications of the slippery slope toward a totalitarian nightmare that becomes inevitable if a government's authority over it's citizens is allowed to grow through a casual disregard to checks and balances. They are themselves victims, subliminally brainwashed with cult-like dogmatism into believing the ends justify the means, through a training system that forces them to ROUTINELY take the law into their own hands through a flagrant and systematic disregard to all civil liberties, whenever they think the can "get away with it". Even the most well-intentioned of them, don't recognize the sacrilege they, in effect, commit on the law that are supposed to be protecting, because they are just doing what they were taught. It's a top down problem. Officers should rightly be held to a higher legal standard than a normal citizen. In practice, though, they are generally held to less than half of the same standard (being extremely ridiculously obscenely generous here) That makes them complicit in a corrupt system, regardless of the nobility of their personal intentions. Even officers with hearts of pure gold are often inadvertently serving evil, and their habitual grinding away at civil liberties, is a greater threat than any external force. At this pace, it it's helping give rise to a regime as dark as any in history, but armed with all the tools of the surveillance state and advanced weaponry that goes far beyond limited civilian imaginations. Which is why the citizens need to fight to not only expand our current protections but to quadruple them and to start pushing some VERY serious restrictions on all our government officials. For starters it means NEVER voluntarily give up a single civil liberty for any reason, even if it gets you harassed by the local Gustapo. The eventual price of cow-towing to that harassment is nothing short of everything.

    • @seemsmad3789
      @seemsmad3789 4 года назад

      Spot on friend. I contemplate things in depth like you do, and hearing the level of comprehension and insight you have, it surprises me that you didn't come to the same conclusion as I have. No one can stop this train now friend. The passengers have all been gassed into a coma like sleep, and cannot be awakened to join in on a revolution. If revolution were to disturb the blissful ignorance of their dream, sadly, the vast majority would rise to fight for their very oppressors.

    • @blahblah69505
      @blahblah69505 3 года назад +1

      Worth noting that in Australia you are required to give name and address but NOTHING ELSE
      (Unless you're driving, in which case a few more laws apply)

    • @Anonymous8317
      @Anonymous8317 Год назад

      You have to get out if asked. Lock the car. Refuse searches / seizures of car and/or your person.

  • @iandhr1
    @iandhr1 3 года назад +1

    I am not a lawyer. But I got to take a constitutional law class in college. My professor basically said the same thing as Mr. Duane. She said the only thing you ever say to a police officer is "am I free to go?" And if they say anything other than yes you ask for an attorney.

  • @wbtittle
    @wbtittle 8 месяцев назад +1

    I am guilty of suggesting the holes where I talk to the police. I keep telling my kids "NEVER TALK TO THE POLICE..."
    But then a cop is at the end of my driveway. I carefully approached the police officer. I didn't want to shock him. The end of my driveway is a little special in that there are only 3 people on my little dirt road. I said, "Hi, Can I help you with anything?"
    "We have a report of a green car hanging around the lake".
    "Sorry officer, I can't remember any car like that, everything else is ok?"
    "Have a nice day".
    Never talk to the police. At the same time, it is ok to politely interact with them...
    I rewatch your other video at least every other year. My family is high on the list of people who REALLY need to listen .

  • @fremejoker
    @fremejoker 5 лет назад +14

    Seeing these videos, it makes me glad, that I am living in a country of civil law, in Germany. The prosecution and court is not only obliged to seek and use anything against you, but also anything that can be used for you. The court has to find out the truth, which means the court has to gather any possible evidence to find this truth and the prosecution will call for acquittal, if it turns out in court that the evidence doesn't proof the defendant's guilt. As a defendant you are not only allowed to lie, but it can not be used against you that you lied, too. If you lied, you don't get additional time, but if you got caught lying it will diminish your chances of a better sentence due to mitigating circumstances. It is easier to get a new trail if good evidence is gathered after the original conviction and innocent people who got wrongfully convicted get money for each day they were in prison, which is a real law, although it is not much. In the US there seems to be no law for compensation.

    • @algrayson8965
      @algrayson8965 4 года назад +1

      Germany is foundationally a common law country. The common law has been supplanted by civil law to a much greater degree than in Britain and the USA.
      The Anglo-Saxons, who established common law in Great Britain, are Germans from Saxony. Centuries of Roman rule in Britain brought Roman civil law in but common law dominated.

    • @williamlawlor5969
      @williamlawlor5969 4 года назад +5

      Don't talk about a certain thing in Germany or else you wind up in prison. Free speech isn't quite free in the fatherland.

    • @algrayson8965
      @algrayson8965 4 года назад +1

      @@williamlawlor5969 - Truth is irrelevant as a defense when the state (government) chooses what can and cannot be mentioned.
      In the UK truth is no defense against accusations of defamation (libel and slander).
      In the USA what is important is whether anyone's feelings are hurt. Well, not ANYone's. Conservatives are fair game. Only Liberals, leftists' feelings are protected.

    • @ppumpkin3282
      @ppumpkin3282 4 года назад +1

      It's the same in the US. Why would think its not?

    • @someonewhoisnotretarded.4809
      @someonewhoisnotretarded.4809 4 года назад +1

      @@algrayson8965 How is it possible to slander someone with factual statements?

  • @440wedge
    @440wedge 4 года назад +24

    If you go to settings and set the playback speed to 0.75 he speaks at a normal pace.

    • @alpheusmadsen8485
      @alpheusmadsen8485 3 года назад

      I have a habit of watching videos sped up to watch more videos; I had to slow this one down to 1.5 to understand him!

    • @martinaasen8440
      @martinaasen8440 2 года назад

      Hahaha fuck its almost perfect

  • @cedenullis5906
    @cedenullis5906 4 года назад +1

    I have just found this professors you tube post. As a retired police officer who spent the last 6 years training UK police officers on investigative interviewing. I find his views both honest and academically interesting. I have always considered Chief Officers fail to devote time and resources to ensure police officer receive adequate training in the area of investigation skills, in particular the need for planned, ethical interviews. One only has to look at recent serious investigations where senior Officers have displayed utter incompetence. In recent years the UK has introduced the post of Police & Crime commissioners. A move clearly made to introduce political control over policing. Rather than spend money on professional academic training. Yet young officers are sent out to deal with criminals who are then represented by Lawyers of this Lawyer

  • @JG-ej8it
    @JG-ej8it 4 года назад +1

    Damn I wish I can hire him to be my attorney if I ever need one. I love the guy. If anyone has never seen his video "dont talk to the police" in YT I highly suggest you watch that if you enjoyed this