10 Common Myths About the American Justice System
Let’s be real, most of what people think they know about the American justice system comes from TV shows or family stories. But real life is much different, and sometimes even stranger.
For instance, Pew Research found that in 2022, only 2.3% of defendants (1,669 out of 71,954) actually went to trial, and just 0.4% were acquitted. Most cases end with plea bargains.
So, grab a snack and let’s clear up some of the biggest myths about our courts and police. You might be surprised by what’s just made for TV.
Police have to Read You Your Rights the Instant You’re arrested
It goes on the old adage: You have the right to stay silent… It is too well-known; we may all know it by heart. However, there is a twist to this matter: Cops are not obliged to mention this as soon as they place you in the rear seat.
Miranda rights only apply when a person is both in custody and under interrogation. Therefore, officers are not required to read you your rights if you are being handcuffed but not questioned.
Everyone Gets One Free Phone Call
Oh, the mystical one phone call. You would think it is a constitutional right. Spoiler: Well, it is not even guaranteed in the Constitution! Jails allow calling someone, usually a lawyer or a Family Member, but it is not always a single call.
In some places, you might get more, in others, less. So that epic lifeline call you see in movies? Sometimes it’s just voicemail.
The Victim Controls the Charges
We’ve all heard the question, “Are you pressing charges?” Actually, the victim doesn’t get to decide. It’s the prosecutor, meaning the government, who brings charges, according to the U.S. Department of Justice.
Even if a victim wants to drop the charges, the prosecutor can still continue. Or, if there isn’t enough evidence, the prosecutor can drop the case, regardless of what the victim wants. It’s surprising, isn’t it?
Every Case is a Hollywood Courtroom Drama
Perhaps you assume jury trials are the standard for criminal justice. Here’s a surprising truth: a staggering 90% of criminal cases are actually resolved through plea bargains, not jury decisions, according to ScienceDirect.
That’s right, most people never get the dramatic “you can’t handle the truth!” courtroom moment. It’s more negotiations, less script-worthy drama. Honestly, trials are expensive and stressful, so most sides would rather settle and move on.
Jail is for the Guilty
This is one of the ones that actually matter: The majority of those in jail have not been convicted of anything. In 2023, over 80% of people in jail were waiting for trial, often because they can’t afford bail, according to Prison Policy Initiative.
My cousin (we call him Robby) was waiting in jail for weeks because of some misunderstanding, simply because he could not find the money to set bail. He was acquitted later in full.
Insanity Defense = Easy Escape
Hollywood often portrays the insanity defense as an easy escape from justice. In reality, it’s far from it. This defense is invoked in less than one percent of cases, and it succeeds in an even smaller fraction.
Far from a “free ride,” a successful insanity plea typically leads to commitment in a psychiatric hospital—often for a period longer than a prison sentence would have been. There’s no quick escape; instead, it often entails extensive psychiatric evaluation and long-term institutionalization.
Crime Labs Work Like CSI
Fingerprint matches in five minutes in those TV labs? Pure fiction. Florida International University reports that the objective forensic evidence may require weeks or months to be completed, and, unfortunately, not all crime scenes have DNA and ideal fingerprints.
Most forensic folks don’t interrogate suspects or leap over caution tape in slow motion; they collect evidence and do paperwork.
Double Jeopardy Means “One and Done”
You know that because of the double jeopardy, you will not be tried over the same crime again? Not always. There are exceptions! For example, federal and state governments may offer similar cases to be prosecuted; this is known as the “separate sovereigns” rule.
Furthermore, being acquitted in a criminal court does not mean that you can be spared civil lawsuits. So, that “I’m off the hook forever!” moment? Don’t count on it.
Public Defenders = Second-Rate Lawyers
Wipe this out of your mind, please! Court advocates are real-life court rockets. They are law degree graduates who take the bar and can have more courtroom experience in an average month than some individual attorneys have in a year.
While their caseloads are undeniably heavy, these individuals are tireless advocates and unparalleled experts in criminal law. I once met a public defender whose command of the statute book was so profound that they navigated its every complexity with a precision that would put any GPS to shame.
Juries Can Just Ignore the Law if They Want
Ever heard of jury nullification? It’s the controversial principle that allows a jury to acquit a defendant, not because they believe them to be innocent, but because they disagree with the law itself. While this power technically exists, it’s rarely used.
Most jurors are unaware they possess this option, and legal professionals are often discouraged from discussing it. In fact, if a potential juror suggests they might nullify a verdict, they can be dismissed from service. So, while it sounds like a significant power for the people, it’s a topic that remains firmly in the shadows of the courtroom.
Conclusion
The American justice system is more than black robes and dramatic gavel slams. It’s complex, imperfect, and sometimes confusing. But now you know the real story, so you don’t have to depend on TV shows or wild rumors.
So, the next time someone brings up TV law, you can set the record straight with confidence. Real justice is much more complex and interesting than anything you’ll see on television.
Why investing for retirement is so important for women (and how to do it)
Why investing for retirement is so important for women (and how to do it)
Retirement planning can be challenging, especially for women who face unique obstacles such as the wage gap, caregiving responsibilities, and a longer life expectancy. It’s essential for women to educate themselves on financial literacy and overcome the investing gap to achieve a comfortable and secure retirement. So, let’s talk about why investing for retirement is important for women and how to start on this journey towards financial freedom.
Science Tells Us What To Expect As We Age: Strategies for Thriving in Later Life
Science Tells Us What To Expect As We Age: Strategies for Thriving in Later Life
How does aging affect our bodies and minds, and how can we adapt to those differences? These are questions that pertain to us all. Aging gradually alters people over decades, a long period shaped by individuals’ economic and social circumstances, their behaviors, their neighborhoods, and other factors. Also, while people experience common physiological issues in later life, they don’t follow a well-charted, developmentally predetermined path. Let’s take a look at what science has told us to expect.
