Monday, July 28, 2008

Our Birthright, The Fifth Amendment

We in America were protected by our brilliant founding fathers better than most will ever realize. We have a Bill of Rights that most folks don’t really know about or think are only protections for serial killers.

A regular visitor to this blog was just sworn in as a citizen. He is a refugee from the United Kingdom. He sought citizenship because he admired our freedom that exists in few countries on this planet. He sent me a link to a Tucson, AZ blog link, Disloyal Opposition.

I got a lot of questions as a firearm instructor about cooperating with police after someone justifiably shoots another in self-defense. I put an entire half-hour into my presentation to cover this subject. I always get lots of argument about my instructions to students about the four words I tell them to say, “I want a lawyer.”

The emotionally charged critics of my advice tell me, “No! Tell the cops you shot him because you were in fear of your life!” Confession to the police that it was you who shot that man may be good for your soul, but too often for the police it’s a rock solid confession. The cops are not psychic and until you told them they could only guess who shot who.

These critics of my advice to stay silent quickly counter with, “You have to trust the police!” Then I hear another familiar refrain, “If you got nothing to hide you can talk to the police!”

Most prosecutors in big cities hate gun-rights and self-defense and will enjoy putting you on trial for your life for killing even the most vicious criminal. To avoid being jailed for one to three years and being bankrupted you really have no choice but to shut up.

That jail time and monetary loss will happen even if you’re found Not Guilty! I have seen many of my clients walk out of jail after an ordeal like that destitute with their family shattered by divorce and a dark future. Your life will have changed.

Don’t take my word for it but that of a really dynamic speaker, Professor James Duane of the Regent University School of Law.

When you finish Professor Duane’s video it’s time to watch a long time police investigator George Bruch of the Virginia Beach Police Department explain the reality of Professor Duane's message.

Unfortunately the good professor and detective left an incredibly important point out of their presentations. Anything you say to anyone other than a spouse, physician or lawyer can also be used against you.

Parents, children, siblings, friends, co-workers and cell-mates will be subpoenaed to testify about those things you may have told them. It gets to be fun for prosecutors when your own loved ones try to help you by exaggerating or mistakenly repeating whatever you may have said to them in front of a jury.

Don’t talk to police or anyone but your lawyer about anything at all while you’re under investigation.


Anonymous said...



Paul Huebl Crimefile News said...

Violent criminals won’t have the patience to sit through this law 27 minute school lecture. I don’t care what people thought they learned from this when put on the spot a good interrogator will preface the Miranda admonition with a friendly, “Why don’t you work with me and try to help yourself.” They will proceed to burry themselves.

Can you imagine how empty out prisons would be if everyone took the Fifth?

Anonymous said...

Great post. Enjoyed the videos. My hometown. :-)

Anonymous said...

Paul during lunch in my busy schedule I watched both. The lawyers was GREAT. I then saw that those videos are available on google for free grabs so I too will soon post them both. But that was only possible because you let you readers know about them. Thanks. OK back to work now.

Anonymous said...

Morton Grove just repealed its gun ban.Two down!!