James Duane (professor) explained

James Duane
Birth Name:	James Joseph Duane
Birth Date:	30 July 1959
Birth Place:	Buffalo, New York, U.S.
Alma Mater:	Harvard College (AB) Harvard Law School (JD)

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.

Early life and education

Duane was born in Buffalo, New York, and is a descendant of the Revolutionary-era leader Judge James Duane.^[2] He received his AB magna cum laude from Harvard College in 1981 and his JD cum laude from Harvard Law School in 1984. Duane was elected to the Phi Beta Kappa honor society while at Harvard.^[3]

"Don't Talk to the Police" lecture

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.^[4]

Using former Supreme Court Justice Robert Jackson as support of his "Don't Talk to the Police" advice, Duane says (among other things) that:

• Even perfectly innocent citizens may get themselves into trouble even when the police are trying to do their jobs properly, because police malfeasance is entirely unnecessary for the innocent to convict themselves by mistake;
• talking to police may bring up erroneous but believable evidence against even innocent witnesses; and,
• individuals convinced of their own innocence may have unknowingly committed a crime which they inadvertently confess to during questioning.^[5] This follows the reasoning of Justice Robert Jackson in Watts v. Indiana ("To bring in a lawyer means a real peril to solution of the crime because, under our adversary system, he deems that his sole duty is to protect his client—guilty or innocent—and that, in such a capacity, he owes no duty whatever to help society solve its crime problem. Under this conception of criminal procedure, any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances.").^[6]

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.^[7] In 2016, Duane clarified that his advice does not extend to routine traffic stops.^[8] The lecture continues to be popular on YouTube and received support from security expert Bruce Schneier.^[9]

Other work

Duane has also written about his views that there are bizarre legislative drafting errors in the Virginia Statute on Privileged Marital Communications^[10] as well as issues involving the introduction of hearsay evidence at trial (known as "bootstrapping").^[11] Duane, a member of the advisory board of the Fully Informed Jury Association,^[12] has also written in defense of jury nullification.^[13]

Selected bibliography

• Duane, James. The Right to Remain Silent: A New Answer to an Old Question . Criminal Justice. 25. 2. 2010.
• Book: Duane, James. You Have the Right to Remain Innocent. 9781503933392. Little A. September 20, 2016.
• Book: Duane, James . Weissenberger, Glen . Weissenberger's Federal Evidence. 9781593458140. LexisNexis . November 17, 2011 . 7th .
• Book: Duane, James . Weissenberger, Glen . Federal Rules of Evidence: Rules, Legislative History, Commentary and Authority. 9781422495636 . LexisNexis . December 5, 2011 . 7th .

External links

• , Regent University School of Law

Notes and References

1. Web site: Regent University School of Law. Martindale. "JAMES JOSEPH DUANE, (Professor), born Buffalo, New York, July 30, 1959; admitted to bar, 1985, New York.". March 5, 2017. https://web.archive.org/web/20170305195416/http://www.martindale.com/Search_Tools/Law_Schools/schl1339.aspx. March 5, 2017. dead.
2. Web site: James Duane. Amazon. "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.".
3. Web site: James J. Duane, J.D.. School of Law, Regent University. December 8, 2019.
   - Web site: James Duane. Regent University School of Law.
4. Duane, James; George Bruch . Don't Talk to the Police . 2022-04-01 . Regent University School of Law.
5. Web site: Professor speaks to Federalist Society on Genius of the Fifth Amendment. Campbell University. Duane, James. March 25, 2009. August 10, 2010. July 5, 2010. https://web.archive.org/web/20100705032307/http://www.campbell.edu/news/item/Professor-speaks-to-Federalist-Society-on-Genius-of-the-Fifth-Amendmen/. dead.
6. Web site: Watts v. Indiana, 338 U.S. 49 (1949).
7. News: Moore . James . 2021-06-26 . Bosch: Will the Way the Police Are Portrayed on Screen Have to Change? . . 52.
8. "You Have the Right to Remain Innocent" (James Duane) . https://ghostarchive.org/varchive/youtube/20211221/-FENubmZGj8 . 2021-12-21 . live. YouTube. 8:28 . 7 September 2021.
9. Web site: Schneier. Bruce. Why you should never talk to Police. 19 June 2013. Schneier on Security.
10. 12. Regent U. L. Rev.. 91. 1999–2000. Bizarre Drafting Errors in the Virginia Statute on Privileged Marital Communications, The. Duane, James Joseph.
11. 24. Am. J. Crim. L.. 215. 1996–1997. Trouble with United States v. Tellier: The Dangers of Hunting for Bootstrappers and other Mythical Monsters, The. Duane, James Joseph.
12. Web site: Who We Are . Fully Informed Jury Association. 2015-10-27. https://web.archive.org/web/20100415124840/http://fija.org/about/who-we-are/. 2010-04-15. dead.
13. Litigation. 22. 4. 6–60. 1996. Duane, James. Jury Nullification: The Top Secret Constitutional Right. https://web.archive.org/web/20190404210614if_/http://www.constitution.org/2ll/2ndschol/131jur.pdf. 4 April 2019. dead.