I don't have case law, I am not a lawyer. You are right, I am only quoting this one source - James Duane, who is indeed selling a book. In the new video, and, in the book, he does reference case law.
There is indeed no ritualistic formula that works all the time. However, we are comparing two sets of advice here:
Original advice and what most people repeated: "Unambiguously Plead the Fifth and then remain silent "
New advice from the same source: "Unambiguously request a Lawyer, as a clear, repeated, statement."
This is my understanding of why the first option is no longer the best:
Police Officer "We asked Mr. Smith where he was last evening, and he immediately invoked his right to remain silent!"
Prosecutor / Judge / Jury - "That is very suspicious."
According to James Duane, as per the more recent video, there is case law where this scenario was supported by the Judges, and according to him this is the new norm. I will try to dig up the book and find the references.
I don't have case law, I am not a lawyer. You are right, I am only quoting this one source - James Duane, who is indeed selling a book. In the new video, and, in the book, he does reference case law.
There is indeed no ritualistic formula that works all the time. However, we are comparing two sets of advice here:
Original advice and what most people repeated: "Unambiguously Plead the Fifth and then remain silent "
New advice from the same source: "Unambiguously request a Lawyer, as a clear, repeated, statement."
This is my understanding of why the first option is no longer the best:
Police Officer "We asked Mr. Smith where he was last evening, and he immediately invoked his right to remain silent!"
Prosecutor / Judge / Jury - "That is very suspicious."
According to James Duane, as per the more recent video, there is case law where this scenario was supported by the Judges, and according to him this is the new norm. I will try to dig up the book and find the references.