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Criminal Law Myths and Facts
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Myth: Lie detector tests are foolproof.
Fact: Polygraph tests are not 100% reliable and are generally not admissible in court.
Myth: If you ask an undercover officer if they're police, they must tell the truth.
Fact: Undercover officers are not legally required to disclose their identity.
Myth: A case is dismissed if the police do not read you your rights upon arrest.
Fact: Failure to read Miranda rights could result in exclusion of evidence, but not necessarily dismissal of the case.
Myth: The husband-wife privilege means a spouse can never be forced to testify against the other.
Fact: While marital privilege exists, there are exceptions, such as cases involving crimes against the spouse or their children.
Myth: If the police commit an illegal search, the defendant will be found not guilty.
Fact: An illegal search may lead to suppression of evidence but does not guarantee a not guilty verdict.
Myth: You have the right to one phone call after being arrested.
Fact: The right to a phone call after arrest is not universal and can vary based on jurisdiction.
Myth: The insanity defense is commonly used and successful.
Fact: Insanity defense is rare and successful in only a small fraction of cases.
Myth: If you don't understand the charges, you can't be prosecuted.
Fact: Lack of understanding does not prevent prosecution; defendants have the right to an interpreter if needed.
Myth: Juveniles cannot be tried as adults.
Fact: Juveniles can be tried as adults in serious cases or based on specific state laws.
Myth: DNA evidence is infallible.
Fact: DNA testing can be extremely accurate, but it is not infallible and can be subject to contamination or misinterpretation.
Myth: The death penalty deters crime.
Fact: Research has not conclusively proven that the death penalty effectively deters crime.
Myth: All offenders receive a fair trial.
Fact: While the legal system aims for fairness, factors such as socioeconomic status and representation quality can affect the trial's fairness.
Myth: All criminal cases go to trial.
Fact: The vast majority of criminal cases are resolved through plea bargains, not trials.
Myth: Eye-witness testimony is highly reliable.
Fact: Eye-witness testimony can be unreliable due to factors like stress, lighting, and elapsed time.
Myth: Double jeopardy means you cannot be tried for the same thing twice.
Fact: Double jeopardy prohibits multiple prosecutions for the same offense, but separate sovereigns or new evidence can sometimes lead to a new trial.
Myth: Cyber crime is not as serious as physical crime.
Fact: Cyber crime can have significant consequences and is taken seriously by law enforcement agencies.
Myth: Criminal intent is always necessary for a conviction.
Fact: Strict liability offenses do not require criminal intent for a conviction.
Myth: Wealthy defendants can always 'buy' their way out of legal trouble.
Fact: While money can afford better legal representation, it does not guarantee acquittal; the legal process aims to adjudicate cases fairly.
Myth: Refusing a breathalyzer test means you can't be charged with DUI.
Fact: Refusal to take a breathalyzer test can have legal consequences and can be used as evidence in a DUI case.
Myth: All convicted felons lose their right to vote forever.
Fact: Voting rights for convicted felons vary by state; some restore voting rights after a person has served their sentence.
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