Police Interviews
Although the police interview process is often tangential to a digital forensic investigation in a criminal case, understanding some of the issues with police interviews in the United States of America enables one to understand more about the court system. In addition, understanding the investigation as a whole process is important for maintaining ethical behavior. This module focuses specifically on criminal cases. Rules for hearsay evidence and other procedural issues differ in civil cases.
The Book
- James Duane. You Have the Right to Remain Innocent. Little A, 2016. ISBN 978-1503933392.
Videos
I recommend reading the book, as Prof. Duane gives more examples to illustrate his points. However, he has presented similar information in several recorded lectures. Note that these links are to YouTube, so you should employ good online privacy practices when viewing them:
- Don’t Talk to the Police - Duane’s original video, in which he argues in favor of the 5th Amendment
- “You Have the Right to Remain Innocent” - Duane’s Cato Institute talk about the book referenced above
IMPORTANT: Duane revised his recommendations after the original viral video. Instead of invoking one’s 5th Amendment rights, he instead suggests invocation of the 6th Amendment. If you watch the videos instead of reading the book, pay close attention to this distinction.
