Debunking Popular Myths About The U.S. Criminal Justice System

With thanks to both Don Ramsell and Rick Horowitz for the heads up, Cracked.Com has done a humorous but informative piece debunking popular myths perpetuated by T.V. and the movies about the U.S. criminal justice system. Below is a summary of the seven myths discussed by Cracked.com.

1. Forensic Science Is Magic

On TV, the CSI team marches onto a crime scene and, within a few moments, has found a single hair, analyzed it, and identified the killer. The same team then goes out and arrests the guy. Reality is far more complicated. DNA, fingerprint and other analysis is, at best, a very inexact science. Laboratory tests take weeks, even months, to perform. A match assumes the suspect is even in the system.

2. The Insanity Defense Lets You Get Away With Murder

The bad guy often uses the insanity defense to get away with all sorts of bad things. In reality, used according to Cracked.com in less than one percent of all legal cases and with a success rate of less than 25 percent, the insanity defense is extremely difficult to prove (and not even allowed in three states). Victory means that the defendant goes to a mental institution instead of a prison until deemed “safe to return to society,” a period of time which is often far longer than a prison term (twice as long according to one source).

3. Not Talking To Cops Equals Obstruction of Justice

The T.V. cop barges into the house and demands to know where the suspect is hiding. If you don’t cooperate, the officer tells the terrified mother or girlfriend, you’ll be charged with obstruction of justice. In reality, you have the absolute right to remain silent, to say nothing of the right to be free of illegal search and seizure. Your only risk of being charged with obstruction of justice is if you lie to the cops, destroy evidence, or otherwise take active steps to impede the investigation.

4. Undercover Cops Have To Identify Themselves If Asked

An undercover cop is meeting with the head of a major drug dealing operation when the bad guy finally gets around to asking, “You are not a cop, are you?” The officer now has no choice but to identify himself as a law enforcement official or the legal basis for the whole operation will be fatally tainted. In reality, police officers have no obligation to blow their cover.

5. Tracing a Telephone Call Takes a Long Time

“Keep him on the phone, keep him on the phone,” the supervisor tells the police officer as technicians scramble to pinpoint the bad guy’s location. Alas, the bad guy is too smart: He gets off the phone seconds before the police are able to trace the number. While this may once have been true, it no longer is thanks to what Cracked.com calls the “Enhanced 911 System” that automatically pairs an incoming call with a physical address.

6. Criminals Must Be Read Their Miranda Rights or They Will Go Free

This is one of my favorites, and also one I encounter all the time. Clients will come in grinning ear-to-ear. When I ask them about the facts of the case, they say no worries, the cop never read me my rights. In fact, the Miranda rights only pertain to statements made by a suspect while in police custody and in response to questioning. The sanction for violating this right is not to dismiss the case. It simply means that the prosecution will not be able to introduce the statement at trial.

7. Everyone Gets One Free Phone Call

The right to make one phone call after being arrested is almost as well known in American culture as the right to remain silent. In reality, however, there is no such right. Depending on the jurisdiction and the police station, the suspect may be afforded multiple opportunities to make a call.  He may also be afforded none.

Thanks again to Cracked.com for a great entry.