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

The Cato Institute · 886K views · 2016 · 34:48

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Law, policing & justicetalk

Why Hacker News recommends it

HN commenters send it to anyone who thinks innocent people have nothing to fear from answering police questions.

What it is

Law professor James Duane explains why you should not talk to the police even if you are innocent, drawing on case histories of wrongful convictions. It is a short version of the argument in his book on the right to remain silent.

Recommended by 4 HN commenters across 4 different months, 2018 to 2026.

What Hacker News said

Strong rec keanzu · 2020-03 · on “Body Camera Once Again Catches an NYPD Officer Planting Drugs in Someone's Car”

If anyone reads the parent here and doesn't agree then watch "You Have the Right to Remain Innocent" by James Duane. [this video]

Strong rec dotBen · 2021-12 · on “Former Ubiquiti employee charged with stealing data and extorting company”

Yup, this is a very important video for everyone to watch, but especially anyone moving to America who doesn't understand the differences to policing in this country vs others. If you have watched this video, you might want to review this highly anticipated follow up several years later: [this video]

Recommends robomartin · 2021-08 · on “FBI Seized $900K from Safe Deposit Box on 'Pure Conjecture,' Federal Judge Says”

Yes, that is a presentation worth watching [0] and a follow-up [1]. Even as someone who is pro law enforcement, I have to keep in mind that their job does not always align with protecting you. In other words, if they pull you over for speeding, the relationship isn't the same as the case where you might be asking a cop for directions or if you are engaging with them because you were a victim of a crime. In the first case they will use their training and knowledge against you to the extent necessary given the circumstances, the the other two cases they will be helpful and supportive. I do not vilify police officers --the individuals-- for this. It is their job. This is what they do. They woul

Recommends the_af · 2023-01 · on “What not to write on your security clearance form (1988)”

To my other comment, let me add that this follow up video by Duane specifically addresses your scenario: the concerned parents of a missing girl unwisely spoke to the cops, without knowing they were suspects in the case (because the cops regularly suspect this, "9 out of 10 times, the caller is the one who committed the crime" as one cop put it). In this case, the cops suspected the father. After they found the body of the daughter, which had drowned, they didn't tell the father (because he was a suspect but they didn't want to read him his rights) and claimed to be still looking for her in order to continue incriminating her father. His mistake: volunteering to talk to the cops without a la

Cites cheeko1234 · 2018-10 · on “New Zealand travellers refusing digital search now face $5k Customs fine”

I might be wrong on this but according to this updated video[0] by James Duane, things have changed considerably due to Obama and a recent Supreme Court decision and even using the 5th improperly can be used against you. [0] [this video]

Cites maerF0x0 · 2021-08 · on “Surveilance bill rushed through Australian parliament in 24 hours”

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: [this video] [1]: [LINK] 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 trumpeti

Cites sigmoid10 · 2025-01 · on “Nevada court shuts down police use of federal loophole for civil forfeiture”

He mentions it in this talk for example: [this video] It also seems like he succeeded, because the original and all reuploads except for some ultra low-quality copies are gone from youtube.

Cites iwhalen · 2026-06 · on “Never talk to the police”

A lot of discussion in this thread about traffic stops. James Duane (the law professor from the video in the blog) himself makes a qualifier about traffic stops: [this video]