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Don’t Believe What You See on TV: Dispelling Common Criminal Justice Myths

August 9, 2024

In today’s world, television shows, movies, and media coverage often show the criminal justice system as dramatic, suspenseful, and, above all else, entertaining. This means that writers often exaggerate or twist facts in order to create the most exciting story. If you’re ever accused of a crime, it is absolutely essential to understand that what you may have seen on TV is not real life, and it is not an accurate portrayal of how the criminal system works. As a criminal defense attorney in Tucson, Janet Altschuler is here to set the record straight on some of the most common myths about criminal justice.

Myth #1: You Can Only Get One Phone Call

One of the most enduring myths in popular culture is that you can only get one phone call if you are arrested. This makes for great drama on TV, but in real life, the situation can be a bit different. In truth, the rules regarding phone calls can vary significantly depending on the jurisdiction and the specific circumstances of the arrest. Generally, detainees are allowed reasonable access to a phone to contact a lawyer, family member, or bail bondsman. The idea of a single, all-important phone call is an oversimplification. While there are situations where you may only be able to make one call at a time, there are very few cases where you will only be able to call once.

Myth #2: Pleading Insanity Gets You a Lighter Sentence

The insanity defense is often portrayed as an easy way out for criminals in TV shows and movies. This may have led you to believe that pleading insanity can result in a more lenient sentence. However, this is far from the truth. The insanity defense is rarely used and even more rarely successful. It requires a rigorous legal process, a psychiatric evaluation, and convincing evidence that the defendant was unable to distinguish right from wrong at the time of the crime. Even if the defense is successful, the defendant is often committed to a mental health facility, sometimes for as long as they might have spent in prison. It is not a get-out-of-jail-free card.

Myth #3: It is Better to Give Convicts Longer Sentences

Longer prison sentences do not always deter crime or do anything to boost public safety, contrary to popular belief. In most cases, the certainty of being caught and punished is a far more effective deterrent than the severity of the actual punishment. Long sentences can lead to overcrowded prisons, increased costs for taxpayers, and lower chances for rehabilitation and reintegration into society. To really prevent crime, it is more effective to focus on root causes like poverty, education, and mental health.

Myth #4: Criminal Justice Reform Only Benefits Criminals 

On TV, most attempts to reform the criminal justice system are painted as unnecessary or even beneficial to criminals. In reality, reform aims to create a more just and equitable system for everyone. This includes addressing systemic issues such as racial disparities, wrongful convictions, and the overuse of incarceration for non-violent offenses. In addition, certain reforms, such as body cams for law enforcement officers, can benefit innocent people—such footage could provide evidence to support a case.

Myth #5: You Can’t Be Forced to Testify Against Your Spouse 

Spousal privilege does exist, but it is not absolute. In many cases, there are exceptions to this rule. A notable example would be a case that involved domestic violence or if a crime was committed against the spouse. Specifics can vary depending on your jurisdiction, and in some cases, a spouse could even choose to waive the privilege. It’s important to understand that while spousal privilege offers some protection, it is not a blanket immunity. If you have been accused of a crime, you should never talk to your spouse about the details of the case until you have spoken to your criminal defense attorney. Your attorney can advise you on the best course of action.

Myth #6: Animals Involved in Criminal Cases Are Always Safely Rehomed 

Unfortunately, animals are often the victims of criminal acts ranging from abuse to negligence to abandonment. While films and television would have us believe that these animals are always safely rescued and rehomed, that tragically isn’t always the case. In Arizona’s Apache County, a sheriff’s deputy recently had to put down 7 dogs left on the property of a couple going through divorce who had no intention of taking the dogs. Apache County is one of many rural counties lacking resources like animal control and animal shelters to deal with animals in these types of situations.

Contact Janet Altschuler Today for Your Free Consultation 

If you or someone you know is facing criminal charges, it’s essential to seek the advice of a knowledgeable attorney who can provide accurate information and effective representation. With over 20 years of experience, Janet Altschuler is dedicated to helping you navigate the complexities of the legal system. Contact her today to schedule your free consultation!

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