James Duane is a Regent University School of Law professor and Fifth Amendment expert.[1] He has come under fire for his suggestion to never talk to police under any circumstances.[2][3] His reasoning is that police sometimes lie to criminal suspects; police may have substantial evidence against even innocent witnesses; and individuals convinced of their own innocence may have unknowingly committed some crime.[4] This is along the lines of Justice Robert Jackson's reasoning in Watts v. Indiana. He has also pointed out some bizarre legislative drafting errors in the Virginia Statute on Privileged Marital Communications[5] and some dangers of hunting for bootstrappers and other mythical monsters.[6]
See also
References
- ^ James Duane, Regent University
- ^ Sneider, Jaime (August 6, 2008), Regent Law Professor: Don't Talk to Police
- ^ James Duane, Talking to the Police
- ^ Professor speaks to Federalist Society on Genius of the Fifth Amendment, March 25, 2009
- ^ Duane, James Joseph (1999–2000), Bizarre Drafting Errors in the Virginia Statute on Privileged Marital Communications, The, vol. 12, Regent U. L. Rev.
{{citation}}: CS1 maint: date format (link) - ^ Duane, James Joseph (1996–1997), Trouble with United States v. Tellier: The Dangers of Hunting for Bootstrappers and other Mythical Monsters, The, vol. 24, Am. J. Crim. L.
{{citation}}: CS1 maint: date format (link)