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0 pointsmaerF0x04y ago0 comments

I'm reading this book "You have the right to remain innocent" [1]

And it brings up amazing cases where the system is definitely not limiting it's powers and it's leading to false convictions.

Here's a youtube of more or less the book: https://www.youtube.com/watch?v=-FENubmZGj8

[1]: https://www.goodreads.com/book/show/30532856-you-have-the-ri...

EDIT: errm actually that YT video is actually a little scant on details. The TLDR is say nothing except make an absolute demand for your 6th amendment rights (a lawyer). And don't be soft about it like "maybe I can get a lawyer?" ... say "I have a right to a lawyer and will not answer anything without first speaking to my lawyer"

People might be thinking "I thought it was the 5th ?" Ironically , the same conservatives that have been trumpeting the 2nd have concurrently been undermining the 5th and now can be used against you as evidence of guilt.

0 comments

falcrist4y ago

The content in the book you're talking about is probably better represented by Professor Duane's original viral video on the topic:

https://www.youtube.com/watch?v=d-7o9xYp7eE

I think he wrote that book in part because he was frustrated by the lack of nuance in his presentation and the fact that it sort of "went viral". 13 million views for a lecture about law is pretty astonishing.

maerF0x0OP4y ago

Yes, but iirc the best advice at the time of the viral video was invoke the 5th, but it has since evolved to do not invoke the 5th. Insist on your 6th .

falcrist4y ago

There's quite a bit of nuance in that recommendation. It's also very much about how you invoke your rights.

cryptonector4y ago

Since Salinas v. Texas you cannot stay quiet. You must invoke your 5th amendment right to not speak to the police, else they can use your silence against you at trial(!).

Professor Duane has a video on that topic.

1 more reply

munk-a4y ago

> Ironically , the same conservatives that have been trumpeting the 2nd have concurrently been undermining the 5th and now can be used against you as evidence of guilt.

Just out of curiosity - are you possibly confusing civil vs. criminal cases? The 5th amendment does apply in civil cases to the extent that you cannot be compelled to testify - but a judge can interpret your lack of response in a negative light in a civil setting. This differs from criminal cases where the lack of testimony is not admissible nor can it be considered in determination or sentencing.

cryptonector4y ago

I think GP must be referring to Scalia's vote in Salinas v. Texas, which decided that a defendant's silence can be used against them at trial unless they specifically invoked their 5th amendment right to be quiet.

maerF0x0OP4y ago

Most directly I am referring to Duane's advice, of which I do not know his direct source (but I'm sure it's in the book as there are extensive notes).

Just thought I'd help clarify where I was coming from. That trial does seem to fit the scenario though.

lisper4y ago

Both sides of the political spectrum cherry-pick the Constitution. Liberals hate the second amendment. Conservatives hate the ninth.

j / k navigate · click thread line to collapse

0 pointsmaerF0x04y ago0 comments

I'm reading this book "You have the right to remain innocent" [1]

And it brings up amazing cases where the system is definitely not limiting it's powers and it's leading to false convictions.

Here's a youtube of more or less the book: https://www.youtube.com/watch?v=-FENubmZGj8

[1]: https://www.goodreads.com/book/show/30532856-you-have-the-ri...

0 comments

falcrist4y ago

The content in the book you're talking about is probably better represented by Professor Duane's original viral video on the topic:

https://www.youtube.com/watch?v=d-7o9xYp7eE

maerF0x0OP4y ago

Yes, but iirc the best advice at the time of the viral video was invoke the 5th, but it has since evolved to do not invoke the 5th. Insist on your 6th .

falcrist4y ago

There's quite a bit of nuance in that recommendation. It's also very much about how you invoke your rights.

cryptonector4y ago

Since Salinas v. Texas you cannot stay quiet. You must invoke your 5th amendment right to not speak to the police, else they can use your silence against you at trial(!).

Professor Duane has a video on that topic.

1 more reply

munk-a4y ago

> Ironically , the same conservatives that have been trumpeting the 2nd have concurrently been undermining the 5th and now can be used against you as evidence of guilt.

cryptonector4y ago

maerF0x0OP4y ago

Most directly I am referring to Duane's advice, of which I do not know his direct source (but I'm sure it's in the book as there are extensive notes).

Just thought I'd help clarify where I was coming from. That trial does seem to fit the scenario though.

lisper4y ago

Both sides of the political spectrum cherry-pick the Constitution. Liberals hate the second amendment. Conservatives hate the ninth.

j / k navigate · click thread line to collapse