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The Champion

January-February 2018 , Page 61 

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Book Review: You Have the Right to Remain Innocent

By Regan Gibson and Andrew T. George

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You Have the Right to Remain Innocent

By James Duane
Little A (2016)


James Duane’s You Have the Right to Remain Innocent is a 150-page 2x4 that beats its reader over the head with one simple message: do not talk to the police. Specifically, Duane says, if you have any reason to think that police suspect you in connection with a crime, tell them your name and the reason for your being where you are, then tell them politely that you will not answer any questions and that you would like a lawyer. You have nothing to gain by saying more, he says, and everything to lose.

No sentient criminal defense practitioner advising a client would quibble with this advice. Duane demonstrates through one horror story after another that there are virtually no circumstances in which it is in an innocent suspect’s interest to answer questions from law enforcement. Why is this?

Duane’s primary answer is the overcriminalization of American life. American criminal laws are so numerous, s

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