20 Widely Accepted “Facts” About The Law That Are Not True
It’s tempting to believe everything that we see on TV, especially when it comes to popular cop shows like Law and Order or CSI.
If you’re like me and spend a lot of time binge watching TV, the chances are at some point you’ve fancied yourself as a bit of a detective. It’s easy to forget that not everything that you think you know is hard fact – and not exaggerated truth, or even a myth.
When it comes to the law, it can be tricky to separate fact from fiction. Why else do you think it takes around 8 years to become a lawyer? Not everyone has it as easy as Michael in the Netflix show Suits who relies on his photographic memory. The law is complex, and most of us haven’t got a clue what’s real or what’s not.
Have you ever thought that an arrest didn’t count if you weren’t read your rights? How about in all of those movies where cops can’t enter a home without a search warrant – that has to be true, right?
Or, what about some of those lawsuit cases that you read about? Although you may think you know the in’s and out’s, you don’t. Be prepared to stand totally corrected.
Allow me to introduce you to 20 Widely Accepted “Facts” About The Law That Are Not True.
20. WOMAN SUES HAUNTED HOUSE FOR BEING TOO SCARY
Way back in 2000, Florida woman Cleanthi Peters filed a lawsuit against Universal Studios, citing emotional distress. In 1998, Peters visited the haunted house attraction on Halloween with her 10-year-old goddaughter. Towards the end of the tour, the pair were chased by a costume-wearing assailant yielding a chainsaw. This caused the pair to run and slip on an area that was wet from the mist used to cool visitors down at the exit. Rather than back off and help Peters and her goddaughter, the worker proceeded to loom over them revving the chainsaw. After the lawsuit was filed, press outlets used the tagline ‘Woman Sues Haunted House for Being Too Scary’. In reality, the basis of the lawsuit was the wet floor and subsequent slipping.
19. YOU CAN FILM THE POLICE
If you’re in a situation that you feel is unjustified, or you’re being wrongfully treated, then it might be tempting to get out your smartphone and start recording proceedings. After all, we’ve all seen videos on YouTube of cops gone bad. Whilst you may think that this is your right, it’s becoming increasingly cracked down upon – and is even illegal in some states. In 2016, a Philadelphia judge ruled that unless you inform the police that you are going to record them in order to later criticize them, then you will face arrest, regardless of whether the officer is acting unlawfully or not.
18. SERIAL KILLERS ARE USUALLY GENIUSES
In Hollywood, most of the on-screen movie killers tend to be portrayed as gifted evil masterminds. How can we forget Hannibal Lecter, from Silence of the Lambs, and his penchant for clever games and classical music? With this image so deeply ingrained in our minds, it might be surprising to learn that most serial killers are pretty dim. During a study that was conducted of over 2,600 killers, it was found that the average IQ was 94.7. The national average is 98. That may explain why they were stupid enough to commit these crimes and think they’d get away with it.
17. POLICE CAN’T ENTER YOUR HOME WITHOUT A WARRANT
How many times have we seen residents refuse entry to cops on our TV screens? I think I’ve heard ‘Have you got a warrant?’ more times than I’ve heard my own name. This one might come as a surprise to you – it did to me. Police absolutely can and will enter your home without a search warrant. All they need is probable cause to believe that evidence is going to be destroyed, someone is in danger or a suspect is fleeing. In technical terms, it’s called invoking ‘exigent circumstances’. That might be a good one to remember, should you ever be stupid enough to commit a crime.
16. BANK ROBBERS GET RICH
No, bank robbers get caught. Not only do bank robbers have a pretty high chance of getting caught (roughly 25%), they also get way less than you may think. In 2010, profits from bank robberies were much lower than you may think, with an average of $7,500. In reality, it’s not as simple a process as holding up the teller and getting them to unlock the vault. Most banks require a difficult verification process to unlock the big amounts of cash, so bank robbers can realistically only get away with what is at the cashier desk at the time – not much more than a few thousand.
15. IT TAKES TIME TO TRACE A CALL
You might be forgiven for thinking that it takes a few seconds to trace a call to the source. In reality, calls are traced and paired to an address instantly, if you call through 911. This helps responders know where the call is coming from so they are able to get there even if the caller is unable to talk. Cell phone calls are also easily tracked, and it might be worth noting that these days the FBI has the ability to remotely track down, turn on and even use cell phones as a way to spy on people. If that’s not scary, I don’t know what is.
14. YOU HAVE TO ANSWER WHEN QUESTIONED
Actually, by law, you don’t. No matter what the situation, whether it’s a formal interview or a home visit, you have the legal right to remain silent – regardless of whether you’re under arrest or not. Your right to decline to answer any questions is always there thanks to the Fifth Amendment. You won’t be treated as if you’re obstructing justice, and cops can’t coerce or force you into saying a single thing that you don’t want to – although I can’t promise they won’t try. Of course, lying is against the law, so if you’re tempted to do that, don’t.
13. COPS NEED TO HAVE PROOF YOU WERE SPEEDING TO ISSUE A TICKET
Although that is true in most states, if you live in Ohio, it sucks to be you. In June of 2010, Ohio Supreme court decided that an officer’s word is good enough to issue a speeding fine. There doesn’t need to be any verification or reading from a gun, just an officer’s guess. So, it might be worth taking extra care when you drive by a cop car in Ohio, even if you’re doing the speed limit. After all, one person’s idea of what 50 miles an hour looks like might be drastically different from another’s – and without any proof of the contrary, you may find yourself out of pocket pretty quickly.
12. PLEADING INSANITY WILL GET YOU LESS JAIL TIME
It may look like the easy way to get yourself out of a murder charge, but it isn’t. You might think that pleading insanity will get you reduced jail time as part of diminished responsibility, but even if you’re successful, it won’t. The defense is only very rarely used – less than one percent of legal cases, in fact – and is successful around 25% of the time. Those aren’t great odds. If it’s accepted, you might avoid jail, but you’ll get locked up in a psychiatric facility instead, where there isn’t any particular set sentence. They could keep you for as long as they feel like they need to. You may never get out.
11. IMMIGRANTS COMMIT MORE CRIMES
In a country that has just elected Donald Trump as president, some media outlets may lead you to believe that immigrants are behind a lot of crime in the US. This isn’t the case. In actual fact, first generation immigrants (whether they’re legally in the country or not), are 45% less likely to turn to crime than naturally born US citizens. You may think that cities and towns closer to the Mexican border must have higher crime rights, right? Again, that’s a spectacularly wrong misconception. Those places actually have lower crime rates than the national average. Despite what some may have you think, the crime rate goes down as the amount of immigrants in the country goes up.
10. ENGLISH IS THE OFFICIAL LANGUAGE OF THE UNITED STATES
Although there have been multiple attempts to make English the official language of the United States, none have succeeded. Individually, lots of states (30 in total) have made English one of their official languages, but not the sole official language. For example, Alaska made 20 of its indigenous languages official as well as English. Don’t be too hard on yourself for thinking it was 100% the official language of the states. I’m sure you’re not alone. Do you think it’s strange that it’s not specified in the Constitution? Send your answers on a postcard – any language accepted, I don’t discriminate.
9. IF YOU ASK, AN UNDERCOVER COP HAS TO TELL YOU THEY’RE A COP
Can you imagine being in the heart of an Italian crime family, sitting at the table with a Vito Corleone figure, and being asked if you were a cop? What do you think would happen? I doubt they would send you on your way with a slice of mama’s lasagne and pat you on the back for being a good sport. This myth, although commonly spread, is completely false. There would be no such thing as undercover operations if this was true. Cops have no obligation to tell anyone if they’re undercover. The job is dangerous enough as it is without adding that into the mix.
8. BEING DRUNK IN A BAR CAN’T GET YOU ARRESTED
This one may seem a little obvious, but stick with me. Obviously being rip-roaring, hurling abuse at the bar staff type drunk can get you arrested anywhere. That’s a given. However, in Texas, all you have to do is be publicly intoxicated to get arrested. You could be quietly hammered, but it doesn’t matter. Due to high numbers of drunk-driving fatalities, Texas deemed being drunk in a bar in the same realm of ‘public intoxication’ as a way to address the problem. What’s even more shocking is that officers don’t have to prove that you’re drunk in order to arrest you. It’s down to them to decide, regardless of proof.
7. CRIME SCENE INVESTIGATORS SOLVE CRIMES
On TV, we see the likes of Gary Sinise sweep through a crime scene, picking up evidence and finding the assailant in no time at all. In reality, it’s a little different. The role of CSI has been molded for entertainment purposes, and whilst it does entertain, it’s not factual. In reality, Crime Scene Investigators don’t solve cases. They examine the crime scene and carefully collect evidence to pass on to investigating officers. What’s more, it takes a lot of time to run laboratory tests like DNA samples and blood reports. In some cases, even months. What about those databases that you always hear about? I hate to break it to you, but even though they do exist, DNA databases have less than 1/10th of all criminals on it.
6. YOU GET ONE FREE PHONE CALL IN JAIL
To put it frankly, that’s a crock of…you know what. I’m not entirely sure where the notion came from, maybe for added drama in tense movie scenes. Some jails have pay phones that you can use to make a collect call to whoever you like, but don’t think that they have to let you use the phone. You have no real right to make any phone calls at all. If you are in desperate need of calling someone, your attorney can step in to try and sway that for you, but they have to demonstrate that it’s essential. So, if you’re wanting to call your friend to tell them you won’t be able to meet them at Hooters after all, it’s probably not going to happen.
5. HITMEN ARE FANCY SUIT WEARING MASTERMINDS
When you think of hitmen, you may immediately think of a Daniel Craig James Bond type figure, staying in fancy hotels and living a jet-set lifestyle whilst occasionally offing people for large quantities of cash. Sadly for our over active imaginations, a UK study of hitmen found that the average one is no different than you or I, besides the murderous tendencies. Hitmen are usually people that have been coerced into performing a hit because they desperately need cash and have no other options. It might go without saying that more often than not, they get caught. Not so 007, huh?
4. IF YOU DON’T GET READ YOUR RIGHTS, THE ARREST DOESN’T COUNT
Despite popular belief, if a cop doesn’t read you your Miranda rights (that’s your right to remain silent), that doesn’t mean that the arrest doesn’t lawfully count. Miranda rights really only come into play when you’re under interrogation. If a cop fails to read you your rights before an interview, then anything you say over the course of it can’t be taken into evidence and used against you in a court of law. But don’t get too excited, felons of the world. Any cop worth his salt will be painfully aware of that rule, and never fail to do so.
3. A WOMAN SUED MACDONALD’S JUST BECAUSE HER COFFEE WAS TOO HOT
In 1992, 79-year-old Stella Liebeck sued the fast food chain over injuries sustained when she spilled a boiling hot coffee on her lap during a visit to a drive-thru. The media was full of headlines insinuating it a was a trivial lawsuit. In actual fact, Liebeck suffered astonishing third degree burns over 16% of her body. Her injuries were so severe that doctors feared she wouldn’t survive. The injury caused Liebeck to undergo skin graft surgery. She was initially awarded 2.9 million dollars, but after appeal this was reduced to 640,000 dollars. Whilst it may have been easy to put this down to someone trying to make a quick buck with a bogus claim, this wasn’t the case at all.
2. THE FIRST AMENDMENT GIVES THE COUNTRY THE RIGHT TO DETERMINE NATIONAL RELIGION
Although the US might be ‘One nation ruled under God’, it’s completely up to you who that God is. The Amendment’s stance on religion is this – ‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.’ The idea behind this was to stop the federal government taking control of religions in individual states. So, if you’re a Catholic and are worried that the county is going to Christian, don’t fear. Your forefathers had it covered, and it’s all been taken care of. This part of the Amendment directly before the right to talk freely and peacefully protest.
1. A FAMILY SUED DISNEY WHEN THEIR KIDS SAW CHARACTERS OUT OF COSTUME
Well, a little bit yes, and a little bit no. An Idaho family, the Boozers, were enjoying a trip to Disneyland when things took a sour turn. The family were wrongfully accused of the theft of a $2.50 piggy bank. They were detained, vigorously questioned and searched for over two hours before eventually being released. As they were released, they coincided with a troop of workers, dressed in character but holding their heads. The whole experience was so traumatic for the children, 5-year-old Lyndsey and 2-year-old Melissa that Lyndsey ended up needing therapy. The family sued Disney for $1 million.