Core Essays

07 July 2013

Taking the Fifth is Always Wise Policy, Especially Under Big Government

A law Professor, James Duane of the Regent Law School of Virginia Beach, VA, offers a very interesting and convincing argument for why anyone questioned by the police should always take the 5th.  This is a really entertaining and enlightening presentation. 

Among other points, he notes that the complexity of the law is itself a reason for not talking to the police or for that matter to IRS agents.  The federal government has no idea how many federal criminal laws there are.  What is more, one might reveal that one has violated some obscure federal agency regulation or interpretation of a law or that one is even guilty because you have violated a law of another nation to which you have never been.  Under big government, no one is innocent.

Also, cooperation with the police will not help you.  A police officer cannot testify that you helped them or that what you said exonerated you, since that is taken as mere hearsay and is not permissible evidence.  Talking to government agents can only hurt you.

Any mistake or seemingly irrelevant little lie will hurt you.  Even the truth stated by an innocent man can hurt him.  Then again, the police may mis-remember what you said and that can be used against you.  Or a wrong witness contradicting something you said may hurt your chances of avoiding conviction.

This is a seriously important presentation, which also indicates the great wisdom of our Bill of Rights:

http://www.youtube.com/watch?v=i8z7NC5sgik

H/t Alexander Strugatsky.

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