James Joseph Duane | |
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Born | James Joseph Duane July 30, 1959 Buffalo, New York, U.S. |
Alma mater | Harvard University (AB, JD) |
Occupations | |
Website | regent.edu/faculty/j-d-james-j-duane/ |
James Joseph Duane (born July 30, 1959) [1] is an American law professor at the Regent University School of Law, former criminal defense attorney, and Fifth Amendment expert. Duane has received considerable online attention for his lecture "Don't Talk to the Police", in which he advises citizens to avoid incriminating themselves by speaking to law enforcement officers. He received both his bachelor's degree and Juris Doctor degree from Harvard University.
Duane was born in Buffalo, New York. [1] He is a descendant of the Revolutionary-era leader Judge James Duane. [2]
Educated at Harvard University, Duane received a Bachelor of Arts magna cum laude in philosophy in 1981 and a Juris Doctor cum laude in 1984. [3] Duane was elected to the Phi Beta Kappa honor society when he was an undergraduate student at Harvard. [4]
In 2008, Duane gave a lecture at Regent University alongside Virginia Beach Police Department officer George Bruch, in which they explain in practical terms why citizens should never talk to police under any circumstances. [5]
Using former Supreme Court Justice Robert Jackson as support of his "Don't Talk to the Police" advice, Duane says (among other things) that:
A video of Duane's lecture posted on YouTube by Regent University has been viewed over 18 million times by 2023, and has been called a "YouTube sensation" by The Independent . [8] In 2016, Duane clarified that his advice does not extend to routine traffic stops. [9] The lecture continues to be popular on YouTube and received support from security expert Bruce Schneier. [10]
Duane has also written about his views that there are bizarre legislative drafting errors in the Virginia Statute on Privileged Marital Communications [11] as well as issues involving the introduction of hearsay evidence at trial (known as "bootstrapping"). [12] Duane, a member of the advisory board of the Fully Informed Jury Association, [13] has also written in defense of jury nullification. [14]
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. Named for the U.S. Supreme Court's 1966 decision Miranda v. Arizona, these rights are often referred to as Miranda rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings. The idea came from law professor Yale Kamisar, who subsequently was dubbed "the father of Miranda."
In criminal law, police perjury, sometimes euphemistically called "testilying", is the act of a police officer knowingly giving false testimony. It is typically used in a criminal trial to "make the case" against defendants believed by the police to be guilty when irregularities during the suspects' arrest or search threaten to result in their acquittal. It also can be extended to encompass substantive misstatements of fact to convict those whom the police believe to be guilty, procedural misstatements to "justify" a search and seizure, or even the inclusion of statements to frame an innocent citizen. More generically, it has been said to be "[l]ying under oath, especially by a police officer, to help get a conviction."
Leon F. Czolgosz was a Polish-American laborer and anarchist who assassinated United States President William McKinley on September 6, 1901, in Buffalo, New York. The president died on September 14 after his wound became infected. Caught in the act, Czolgosz was tried, convicted, and executed by the State of New York seven weeks later on October 29, 1901.
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Bruno Richard Hauptmann was a German-born carpenter who was convicted of the abduction and murder of Charles Augustus Lindbergh, Jr., the 20-month-old son of aviator Charles Lindbergh and his wife Anne Morrow Lindbergh. The Lindbergh kidnapping became known as "The Crime of the Century". Both Hauptmann and his wife, Anna Hauptmann, proclaimed his innocence to his death, when he was executed in 1936 by electric chair at the Trenton State Prison. Anna later sued the State of New Jersey, various former police officers, the Hearst newspapers that had published pre-trial articles insisting on Hauptmann's guilt, and former prosecutor David T. Wilentz.
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James Duane was an American Founding Father, attorney, jurist, and American Revolutionary leader from New York. He served as a delegate to the First Continental Congress, the Second Continental Congress and the Congress of the Confederation, a New York state senator, the 44th Mayor of New York City, the 1st post-colonial Mayor of New York City and a United States district judge of the United States District Court for the District of New York. Duane was a signatory of the Continental Association and the Articles of Confederation.
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You Have the Right to Remain Innocent is a 2016 non-fiction book by James Joseph Duane, a legal professor, published by Little A Books. It explains his belief why under almost all circumstances citizens should not talk to the police. He emphasizes that police officers tell their own children to never speak with the police.
JAMES JOSEPH DUANE, (Professor), born Buffalo, New York, July 30, 1959; admitted to bar, 1985, New York.
He was born near Buffalo, New York, and is a descendant of Judge James Duane of New York, the first judge appointed to the newly-created federal judiciary by President George Washington in 1789.