YOU HAVE THE RIGHT TO REMAIN INNOCENT

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You Have The Right To Remain Innocent

Author : James Duane
ISBN : 1503933393
Genre : Political Science
File Size : 23.80 MB
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Law professor James J. Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police--especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen's constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it's also the advice law-enforcement professionals give their own kids. Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.
Category: Political Science

Federal Rules Of Evidence Rules Legislative History Commentary And Authority

Author : Glen Weissenberger
ISBN : 9780327176220
Genre : Law
File Size : 41.37 MB
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This one-volume treatise provides clear and concise explanations for the application and practical effect of each Rule of Evidence--a valuable resource for any Evidence student. This treatise was recently cited as "the authoritative text" on federal evidence law (United States v. Schlesinger, 372 F. Supp. 2d 711, 720 (E.D.N.Y. 2005)). Annually supplemented and complete, this edition contains a careful examination of the most recent changes in the Federal Rules. This edition includes a detailed line-by-line summary and analysis of the newest Federal Rule of Evidence, Rule 502, which sets forth certain important new limitations on the waiver of the attorney-client privilege and work product protection. It also discusses the Supreme Court's latest decision in Kansas v. Ventris (2009), concerning the extent to which a witness may be impeached with prior inconsistent statements that were obtained in violation of witness's constitutional rights. And of course it includes an extensive discussion of four landmark Supreme Court decisions, Crawford v. Washington (2004), Davis v. Washington (2006), Whorton v. Bockting(2007), and Giles v. California (2008), which have completely rewritten the law governing the right of a criminal defendant to rely on the Confrontation Clause to obtain the exclusion of otherwise admissible hearsay.
Category: Law

Arrest Proof Yourself

Author : Dale Carson
ISBN : 9781613748046
Genre : Law
File Size : 26.13 MB
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"Arrest-Proof Yourself will teach you everything you need to know about dirty cops, racial profiling, probable cause, search and seizure laws, your right to remain silent, and much more. This how-not-to guide will keep you safe and sound all year long." --Zink magazine What do you say if a cop pulls you over and asks to search your car? What if he gets up in your face and uses a racial slur? What if there's a roach in the ashtray? And what if your hot-headed teenage son is at the wheel? If you read this book, you'll know exactly what to do and say. More people than ever are getting arrested—usually for petty offenses against laws that rarely used to be enforced. And because arrest information is so easily available via the Internet, just one little arrest can disqualify you from jobs, financing, and education. This eye-opening book tells you everything you need to know about how cops operate, the little things that can get you in trouble, and how to stay free from the hungry jaws of the criminal justice system. It is now updated with new and important information on the right of the police to search your car; on guns, knives, and self-defense; and on changes in surveillance methods. Dale C. Carson was an FBI field agent, a SWAT sniper, an instructor at the FBI academy, and a Miami police officer who set Florida records for felony arrests. He is currently a criminal defense attorney. Wes Denham is the author of Arrested.
Category: Law

Three Felonies A Day

Author : Harvey Silverglate
ISBN : 9781594035487
Genre : Law
File Size : 76.82 MB
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The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner, and then goes to sleep, unaware that he or she has likely committed several federal crimes that day. Why? The answer lies in the very nature of modern federal criminal laws, which have exploded in number but also become impossibly broad and vague. In Three Felonies a Day, Harvey A. Silverglate reveals how federal criminal laws have become dangerously disconnected from the English common law tradition and how prosecutors can pin arguable federal crimes on any one of us, for even the most seemingly innocuous behavior. The volume of federal crimes in recent decades has increased well beyond the statute books and into the morass of the Code of Federal Regulations, handing federal prosecutors an additional trove of vague and exceedingly complex and technical prohibitions to stick on their hapless targets. The dangers spelled out in Three Felonies a Day do not apply solely to “white collar criminals,” state and local politicians, and professionals. No social class or profession is safe from this troubling form of social control by the executive branch, and nothing less than the integrity of our constitutional democracy hangs in the balance.
Category: Law

Police Interrogation And American Justice

Author : Richard A Leo
ISBN : 9780674033702
Genre : Law
File Size : 73.96 MB
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Read him his rights. We all recognize this line from cop dramas. But what happens afterward? In this book, Leo sheds light on a little-known corner of our criminal justice system--the police interrogation. An important study of the criminal justice system, this book provides interesting answers and raises some unsettling questions.
Category: Law

Is There A Right To Remain Silent

Author : Alan M. Dershowitz
ISBN : 0199719063
Genre : Law
File Size : 49.11 MB
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The right to remain silent, guaranteed by the famed Fifth Amendment case, Miranda v. Arizona, is perhaps one of the most easily recognized and oft-quoted constitutional rights in American culture. Yet despite its ubiquity, there is widespread misunderstanding about the right and the protections promised under the Fifth Amendment. In Is There a Right to Remain Silent? renowned legal scholar and bestselling author Alan Dershowitz reveals precisely why our Fifth Amendment rights matter and how they are being reshaped, limited, and in some cases revoked in the wake of 9/11. As security concerns have heightened, law enforcement has increasingly turned its attention from punishing to preventing crime. Dershowitz argues that recent Supreme Court decisions have opened the door to coercive interrogations--even when they amount to torture--if they are undertaken to prevent a crime, especially a terrorist attack, and so long as the fruits of such interrogations are not introduced into evidence at the criminal trial of the coerced person. In effect, the court has given a green light to all preventive interrogation methods. By deftly tracing the evolution of the Fifth Amendment from its inception in the Bill of Rights to the present day, where national security is the nation's first priority, Dershowitz puts forward a bold reinterpretation of the Fifth Amendment for the post-9/11 world. As the world we live in changes from a "deterrent state" to the heightened vigilance of today's "preventative state," our construction, he argues, must also change. We must develop a jurisprudence that will contain both substantive and procedural rules for all actions taken by government officials in order to prevent harmful conduct-including terrorism. Timely, provocative, and incisively written, Is There a Right to Remain Silent? presents an absorbing look at one of our most essential constitutional rights at one of the most critical moments in recent American history.
Category: Law

A Government Of Wolves

Author : John W. Whitehead
ISBN : 9781590799833
Genre : Political Science
File Size : 50.58 MB
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In A Government of Wolves: The Emerging American Police State, John W. Whitehead charts America's transition from a society governed by "we the people" to a police state governed by the strong arm of the law. In such an environment, the law becomes yet another tool to oppress the people. As a constitutional attorney of national prominence, and as president of The Rutherford Institute, an international civil liberties organization, Whitehead has been at the forefront of the fight for civil liberties in this country. The recurring theme at the heart of A Government of Wolves is that the American people are in grave danger of losing their basic freedoms. The simple fact is that the Constitution - and in particular the Bill of Rights - is being undermined on virtually every front. Indeed, everything America was founded upon is in some way being challenged. The openness and freedom that were once the hallmarks of our society are now in peril. We were once a society that valued individual liberty and privacy. But in recent years we have turned into a culture that has quietly accepted surveillance cameras, police and drug-sniffing dogs in our children's schools, national databases that track our finances and activities, sneak-and-peek searches of our homes without our knowledge or consent, and anti-terrorism laws that turn average Americans into suspects. In short, America has become a lockdown nation, and we are all in danger. A Government of Wolves not only explains these acute problems but is a call to action offering timely and practical initiatives for Americans to take charge of present course of history and stop the growing police state. But time is running out. We are at critical juncture and every citizen who values his or her personal freedom needs to pay close attention to the message in this book!
Category: Political Science

Know Your Rights

Author : Ronald Benrey
ISBN : 1402763913
Genre : Law
File Size : 56.34 MB
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“The first thing we do, we kill all the lawyers:” Shakespeare may have had a point, but the truth is, from time to time, we all could use a good attorney. This survival guide won't replace legal counsel, but by stating your rights plainly, it can help with some pretty weighty matters-including prenups, breaking apartment leases, immigration, and workplace discrimination. Ronald M. Benrey helps solve basic legal quibbles at home, at work, and even on vacation. He provides an understanding of central legal principles, explains key vocabulary, and helps readers to overcome familiar misconceptions.
Category: Law

The End Of Policing

Author : Alex Vitale
ISBN : 9781784782917
Genre : Political Science
File Size : 24.78 MB
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How the police endanger us and why we need to find an alternative Recent years have seen an explosion of protest and concern about police brutality and repression—especially after long-held grievances in Ferguson, Missouri, erupted in months of violent protest following the police killing of Brown. Much of the conversation has focused on calls for enhancing police accountability, increasing police diversity, improving police training, and emphasizing community policing. Unfortunately, none of these is likely to produce results, because they fail to get at the core of the problem. The problem is policing itself—the dramatic expansion of the police role over the last forty years. This book attempts to jog public discussion of policing by revealing the tainted origins of modern policing as a tool of social control and demonstrating how the expanded role of the police is inconsistent with community empowerment, social justice—even public safety. Drawing on first-hand research from across the globe, Alex Vitale shows how the implementation of alternatives to policing, like drug legalization, regulation, and harm reduction instead of the policing of drugs, has led to reductions in crime, spending, and injustice. From the Hardcover edition.
Category: Political Science

How The Police Generate False Confessions

Author : James L. Trainum
ISBN : 9781442244658
Genre : Law
File Size : 25.46 MB
Format : PDF
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Despite the rising number of confirmed false confession cases, most people have a hard time grasping why someone would confess to a crime they did not commit, or even why a guilty person would admit to something that could put them in jail for life. How the Police Generate False Confessions takes you inside the interrogation room, exposing the tactics that law enforcement uses to make confessions happen. James L. Trainum reveals how innocent people can become suspects and then confessed criminals even when they have not committed a crime. Using real stories, he looks at the inherent coerciveness of the interrogation process and why so many false confessions contain so many of the details that only the true perpetrator would know. More disturbingly, the book examines how these same processes corrupt witness and victim statements, create lying informants and cooperators, and induce innocent people to plead guilty. Trainum also offers recommendations for change in the U.S. by looking at how other countries are changing the process to prevent such miscarriages of justice. The reasons that people falsely confess can be complex and varied; throughout How the Police Generate False Confessions Trainum encourages readers to critically evaluate confessions on their own by gaining a better understanding of the interrogation process.
Category: Law