“the privilege protects the innocent as well as the guilty.”

I wholly agree with the Atlantic magazine: “People who assert the Fifth may be innocent, but may fear that the government might still find a way to use their words against them,” explained Alex Whiting, a former federal prosecutor and a law professor at Harvard University. “Second, people who take the Fifth are often counseled […]

Disappointing News in the Making-a-Murderer saga. (SPOILER ALERTS, but do yourself a favor and binge watch this Netflix docu-series)

In a heavily divided opinion, the 7th Circuit Court of Appeals has affirmed the conviction and thereby approved the abusive interrogation tactics employed against this disabled teen. A federal appeals court in Chicago narrowly overturned a ruling Friday that could have freed a Wisconsin inmate featured in the “Making a Murderer” series from prison, though […]

“Don’t Talk to the Police! The Fifth Amendment protects both the guilty and the innocent.”

Professor Duane is back with a new interview on the Fifth Amendment: Practically: His argument, which he’s since expanded into a new book called You Have the Right to Remain Innocent, is that even if you haven’t committed a crime, it’s dangerous to tell the police any information. You might make mistakes when explaining where […]