James Duane (professor)
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James Duane (professor)
James Joseph Duane (born July 30, 1959) 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. 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. "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. Using former Supreme Court J ...
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Buffalo, New York
Buffalo is the second-largest city in the U.S. state of New York (behind only New York City) and the seat of Erie County. It is at the eastern end of Lake Erie, at the head of the Niagara River, and is across the Canadian border from Southern Ontario. With a population of 278,349 according to the 2020 census, Buffalo is the 78th-largest city in the United States. The city and nearby Niagara Falls together make up the two-county Buffalo–Niagara Falls Metropolitan Statistical Area (MSA), which had an estimated population of 1.1 million in 2020, making it the 49th largest MSA in the United States. Buffalo is in Western New York, which is the largest population and economic center between Boston and Cleveland. Before the 17th century, the region was inhabited by nomadic Paleo-Indians who were succeeded by the Neutral, Erie, and Iroquois nations. In the early 17th century, the French began to explore the region. In the 18th century, Iroquois land surrounding Buffalo Creek ...
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Justice Robert Jackson
Robert Houghwout Jackson (February 13, 1892 – October 9, 1954) was an American lawyer, jurist, and politician who served as an Associate Justice Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some state ... of the Supreme Court of the United States, U.S. Supreme Court from 1941 until his death in 1954. He had previously served as United States Solicitor General and United States Attorney General, and is the only person to have held all three of those offices. Jackson was also notable for his work as Chief United States Prosecutor at the Nuremberg trials of Nazi war criminals following World War II. Jackson was the last U.S. Supreme Court justice who did not have a law degree. He was Admission to the bar in the United States, admitted to the bar via the older tradition of reading law u ...
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American Legal Scholars
American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, people who self-identify their ancestry as "American" ** American English, the set of varieties of the English language native to the United States ** Native Americans in the United States, indigenous peoples of the United States * American, something of, from, or related to the Americas, also known as "America" ** Indigenous peoples of the Americas * American (word), for analysis and history of the meanings in various contexts Organizations * American Airlines, U.S.-based airline headquartered in Fort Worth, Texas * American Athletic Conference, an American college athletic conference * American Recordings (record label), a record label previously known as Def American * American University, in Washington, D.C. Sports teams Soccer * ...
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Living People
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1959 Births
Events January * January 1 - Cuba: Fulgencio Batista flees Havana when the forces of Fidel Castro advance. * January 2 - Lunar probe Luna 1 was the first man-made object to attain escape velocity from Earth. It reached the vicinity of Earth's Moon, and was also the first spacecraft to be placed in heliocentric orbit. * January 3 ** The three southernmost atolls of the Maldive archipelago ( Addu Atoll, Huvadhu Atoll and Fuvahmulah island) declare independence. ** Alaska is admitted as the 49th U.S. state. * January 4 ** In Cuba, rebel troops led by Che Guevara and Camilo Cienfuegos enter the city of Havana. ** Léopoldville riots: At least 49 people are killed during clashes between the police and participants of a meeting of the ABAKO Party in Léopoldville in the Belgian Congo. * January 6 ** Fidel Castro arrives in Havana. ** The International Maritime Organization is inaugurated. * January 7 – The United States recognizes the new Cuban government of F ...
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You Have The Right To Remain Innocent
''You Have the Right to Remain Innocent'' is a 2016 non-fiction book by James 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. Background It stems from a lecture he gave to a law class that was uploaded onto YouTube. Contents He argues that because of ''Salinas v. Texas'', the fact that someone has asserted the Fifth Amendment can be used as evidence against them in court, so he suggests criminal defendants and interrogatees instead invoke the Sixth Amendment, the right to legal counsel. Reception Mullins stated that it is "well written and engaging", with "concise, focused, and persuasive" argumentation, and that he "effectively" caters to both the general public and to lawyers.Mullins, p. 1009. She stated that the book does not express how to reform the legal system and that "The ...
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Criminal Justice (journal)
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and the prisons system. Criminal justice system Definition The criminal justice system consists of three main parts: #Law enforcement agencies, usually the police #Courts and accompanying prosecution and defence lawyers #Agencies for detaining and supervising offenders, such as prisons and probation agencies. In the criminal justice system, these distinct agencies operate together as the principal means of maintaining the rule of law within society. Law enforcement The first contact a defendant has with the criminal justice system is usually with the police (or ''law enforcement'') w ...
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Jury Nullification
Jury nullification (US/UK), jury equity (UK), or a perverse verdict (UK) occurs when the jury in a criminal trial gives a not guilty verdict despite a defendant having clearly broken the law. The jury's reasons may include the belief that the law itself is unjust, that the prosecutor has misapplied the law in the defendant's case, that the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system. Some juries have also refused to convict due to their own prejudices in favor of the defendant. Such verdicts are possible because a jury has an absolute right to return any verdict it chooses. Nullification is not an official part of criminal procedure, but is the logical consequence of two rules governing the systems in which it exists: # Jurors cannot be punished for passing an incorrect verdict. # A defendant who is acquitted can, in many jurisdictions, not be tried a second time for the same offence. A jury verdict that is contrary t ...
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Fully Informed Jury Association
The Fully Informed Jury Association (FIJA) is a United States national jury education organization, incorporated in the state of Montana as a 501(c)(3) not-for-profit organization. It works to educate citizens on their authority when they serve as jurors. FIJA's stated aims are to educate the public, provide commentary on current jury-related cases, and assist defendants with jury authority strategies — including the right to veto bad laws and the misapplication of laws by refusing to convict the defendant. The organization was formed in 1989 by Larry Dodge, a Montana businessman, and his friend Don Doig. It was formed following discussions about forming such a group at the National Libertarian Party convention in Philadelphia in 1989. In the U.S., every defendant in a criminal case has the right, under Article III, Section 2 and the Sixth Amendment to the U.S. Constitution, to be tried by an impartial jury. If the defendant is acquitted, the Double Jeopardy Clause of the ...
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Bootstrapping (law)
The bootstrapping rule in the rules of evidence dealt with admissibility as non-hearsay of statements of conspiracy in United States federal courts. The rule, in a criminal prosecution for conspiracy, was that the court, in deciding whether to allow the jury to consider a statement of conspiracy, cannot hear the statement itself: the allegation had to be supported by independent evidence. If the independent evidence convinced the court that a conspiracy probably existed, only then such a statement could be introduced into trial and heard by the jury. Allowing such statements of conspiracy to prove the existence of conspiracy was considered similar to bootstrapping. In the United States, the bootstrapping rule has been eliminated from the Federal Rules of Evidence, as decided by the Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (o ...
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Legislative Drafting Error
Drafting errors sometimes occur in legislation. Usually these errors are minor, such as incorrect punctuation or capitalization, and the meaning is unaffected. But sometimes the matter is more substantive. Commonly, the error will have something to do with cross-referencing of statutes. For instance, the U.S. statutes pertaining to probation had a drafting error which caused the section about revocation of probation for failing to submit to a drug test to incorrectly reference a section about domestic violence. By clerical error, the law also omitted an accurate reference to community confinement. However, in both cases, courts upheld Congressional intent. Sometimes courts refuse to apply legislative intent that conflicts with the text of the law, as in the case of the Virginia General Assembly accidentally repealing the exemptions of almost all industries from the statute requiring employers to allow employees not to work on Sabbath. It was necessary for the legislature to re-a ...
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Bruce Schneier
Bruce Schneier (; born January 15, 1963) is an American cryptographer, computer security professional, privacy specialist, and writer. Schneier is a Lecturer in Public Policy at the Harvard Kennedy School and a Fellow at the Berkman Klein Center for Internet & Society as of November, 2013. He is a board member of the Electronic Frontier Foundation, Access Now, and The Tor Project; and an advisory board member of Electronic Privacy Information Center and VerifiedVoting.org. He is the author of several books on general security topics, computer security and cryptography and is a squid enthusiast. In 2015, Schneier received the EPIC Lifetime Achievement Award from Electronic Privacy Information Center. Early life Bruce Schneier is the son of Martin Schneier, a Brooklyn Supreme Court judge. He grew up in the Flatbush neighborhood of Brooklyn, New York, attending P.S. 139 and Hunter College High School. After receiving a physics bachelor's degree from the University of Roche ...
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