I think it is wrong to overgeneralize.
What if the cops ask you about a missing kid, where you are innocent and actually might have information to get that kid back alive, because you happened to see the number plate from a black van speeding off at time X?
If the cops ask you about a missing kid, you don't know that you are not a suspect. You cannot know, actually. If you are a suspect -- regardless of your innocence -- and you talk to the cops without a lawyer, you may implicate yourself in some way. Yes, innocence doesn't matter one iota. Having factual evidence about the kidnapping could conceivably implicate you faster. Recollecting what you thought happened and making an honest mistake can potentially implicate you. The video goes into examples of this.
Really, watch the video.
So maybe let me refine my question, what if it is your neighbors child, you know closely or even your own child. You still would not talk to the cops, out of the fear that they wrongly suspect you and have a dead child on your consciousness?
I mean, I am not from the US, but if your police is really that bad, I think you gotta change something.
And I watched that video (some years ago) and if I remember it right, in his example the person that stupidly talked to the cops, was actually guilty.
In this case, the cops suspected the father. After they found the body of the daughter, which had drowned, they didn't tell the father (because he was a suspect but they didn't want to be forced to read him his rights) and claimed to be still looking for her in order to continue incriminating her father, who thought he was aiding the investigation but was actually being interrogated as the prime suspect. His mistake: volunteering to talk to the cops without a lawyer.
Watch it here, I've picked the right timestamp for you: https://youtu.be/-FENubmZGj8?t=1202
By volunteering to talk to the police, you may also end up providing information that -- according to the cops -- "only the killer could have known". Oops! Even worse, if the interview wasn't taped (and in some cases, even if it was!) the cops can claim, either mistakenly or on purpose, that you provided self-incriminating evidence even if you didn't. Duane provides examples of how, even if your answers are taped but the cops' questions aren't, seemingly innocent answers can get you in trouble. Example: "I swear I've never touched a gun in my life" (cops: "we didn't mention the murder weapon, how did he know it was a gun? We didn't ask this. Suspicious!").
"because you happened to see the number plate from a black van speeding off at time X? "
Assuming the kid is still alive and was in that van (which you do not know) - but by providing that info to the cops, they could track down the adress of the kidnappers and save that child.
I see no downside with providing that information. Only lots of downsides of not providing it.
But like I said, if the assumption is (like Duane apparently has), that cops are always bad, corrupt and the enemy, well, then this is the problem to deal with.
And about that poor father:
"but was actually being interrogated as the prime suspect. His mistake: volunteering to talk to the cops without a lawyer."
He didn't ended up in jail, right? He was just wrongfully accused and interrogated in a very wrong way adding to his misery. That chance wouldn't stop me from cooperating with the police, if there is a chance to save someone.
One thing that most people don't understand is that cops are 1. regular people 2. with a job; and most people misunderstand what that job is.
In criminal cases like this, a lot of their job is "gather evidence that can be used to prosecute". They will approach it with certain amount of professionalism, jadedness, focus, empathy, skill, awareness etc based on how much of it they started with and how much of it has worn off in this harsh harsh profession. On the other hand, from young age, we are taught their job is "to protect you", which we tend to subconsciously personalize and interpret as "protect me" and therefore "are implicitly on my side".
Two of my close friends are cops, for one I photographed their wedding, and... stories are fascinating and completely not what the naive child in me would expected. My friends are good people trying to do a good job. We are just brought up with a misapprehension as to what that job is.
In your scenario, there are definitely downsides to providing this information by talking to cops: you can get implicated and even convicted of the crime, and the actual criminal be left alone. At any time during your conversation with the cops, they may decide you know too much (or know details only the kidnapper would know), or find some turn of phrase suspicious, and turn you into the primary suspect. Remember Duane's claim that many cops believe "9 out of 10 times, the caller is the one who committed the crime". This applies here, too.
The downside is pretty big: not only could you be in legal trouble -- even convicted -- but the actual criminal could get away. This is not hypothetical, since Duane mentions cases where this happened! (E.g. the man wrongfully convicted of killing his wife; or the man wrongfully convicted of killing a local shopkeeper after volunteering to help the police find the killer, out of a sense of civic duty).
If at all possible in your country, I would advise you to report this information to a missing children hotline unaffiliated with the police, instead of speaking to the cops without a lawyer.
> But like I said, if the assumption is (like Duane apparently has), that cops are always bad, corrupt and the enemy, well, then this is the problem to deal with.
This is not at all what Duane claims. Respectfully, I must ask you to refresh your memory of the video. I also recommend the follow up video which I linked to, where he explains his motivation (i.e. decreasing the appalling number of wrongful convictions in the US).
> He didn't ended up in jail, right? He was just wrongfully accused and interrogated in a very wrong way adding to his misery. That chance wouldn't stop me from cooperating with the police, if there is a chance to save someone.
We don't know whether he ended in jail or not, Duane doesn't say. We only know he got in real trouble, and this after the cops knew his daughter was dead, so at that point there was no possible way to "save" anyone. He does mention at least two cases where an innocent ended up in jail, one of them for 20+ years, while the assassin of his wife got away. His mistake? He spoke to the police, volunteering information, and without a lawyer present.
It's of course your choice to risk it and speak to the police without a lawyer. In the US, it's a risky, unwise choice -- one cops wouldn't take themselves, for example -- but it's your choice. A choice your attorney would strongly urge you not to take, but that you're entitled to take anyway.
Or you can be responsible for the death of a child. With kidnapping and possible sex crimes, it can be a matter of minutes between life and death. And if I have seen something and can pass that information directly to the officer investigating the case, then I will do it, instead of taking hours preparing my legal defenses risking it all.
"It's of course your choice to risk it and speak to the police without a lawyer."
And I did talk to the police without a lawyer in a couple of situations. As a wittness and also as accused (actually a bit like Duane describes, meaning they did not tell me that, asking me only wittness questions, but I knew).
"This is not at all what Duane claims."
No it is not, but this is what his advice implies for me, if it means I should not help finding a missing child without contacting a lawyer first.
I know that people have been wrongfully thrown in jail and worse. But overgeneralisation is never helpful. So yes, if there is time (and money!), a lawyer is helpful, but lawyers can make misstakes too and if it is a matter of life and death and minutes, I take those chances to potentially save someone and I would be surprised, if you wouldn't, if you come into such a situation in reality.
This is unrelated to whether you speak to the police. In fact, you can be indirectly responsible of a death because you speak to the police, making them narrow down their investigations on you ("9 out of 10 times, the caller is the one who did it"), wasting time and letting the criminal go unimpeded for enough time to kill someone. Duane provides examples of this, which for some reason you insist on disregarding.
If you want to help, I'd say call a non-police missing children hotline instead, if those exist in your country.
> And if I have seen something and can pass that information directly to the officer investigating the case, then I will do it, instead of taking hours preparing my legal defenses risking it all.
You're risking spending 20 years in jail or even death row, then (not hyperbole: watch Duane's video). You don't need to spend hours preparing anything, just call a lawyer.
> And I did talk to the police without a lawyer in a couple of situations.
By your own admission, you don't live in the US. While I'd really hesitate to involve the police even in my country (where they are truly corrupt and dangerous), Duane's advice is specific to the US. It doesn't necessarily translate to other countries.
> But overgeneralisation is never helpful.
In this case, it seems that it's the truth rather than "overgeneralization" (Duane mocks these warnings "not to generalize" in his video, to great effect! "But what if I'm about to fall from a cliff and the only person who can help is a cop, should I talk to them?"). This lawyer speaks from experience and is an expert on the Fifth Amendment; you are not. Cops agree with him and follow his advice. He has plenty of evidence to back his advice.
Ignore him at your own peril. You're free to do so, but it's unwise.
This attorney seems to think the Fifth is enough, but people don't know they can use it. He doesn't think all cops are bad, where did you get this idea?
> So maybe let me refine my question, what if it is your neighbors child, you know closely or even your own child. You still would not talk to the cops, out of the fear that they wrongly suspect you and have a dead child on your consciousness?
Yes, that's the advice. You shouldn't talk to the cops without a lawyer even in this case, lest you end up implicated in a crime. If you want to talk, lawyer up! (Note: if the missing kid is your neighbor's, you can bet your ass you are a suspect and should definitely lawyer up. People the victim knew are suspects! If the missing kid is your own, you have more pressing concerns than being careful and will probably ignore this advice; know that you are definitely a suspect).
By the way, in my country you can give information about missing children through a hotline (unrelated to the police), no need to go talk to cops. Not sure how it works in the US.
> And I watched that video (some years ago) and if I remember it right, in his example the person that stupidly talked to the cops, was actually guilty.
You misremember. Most of the examples he gives are of innocent people (or of not obviously guilty people). He claims the people who are more at risk when talking to the cops are innocent people. In a followup video he mentions the Innocence Project and that his primary motivation is preventing a lot of wrongful convictions in the US.