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.
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.