Popular Blogs
Most people know about the US Legal system from sources such as films and shows. However, it is to be understood that these are focused on entertainment, and hence they create myths in everyone’s mind about the US legal system. Furthermore, if you rely on news to get an idea or brief about the American justice system, the chances are high that most news items are spun to make it more interesting for the audience. All of these misrepresentations have lead to the creation of some popular myths about the US Legal system; in this article, we debunk the most popular ones for you!
There are two kinds of law in the US- Common law and Statute law. While all the laws of the system do exist in writing, there are some made by the court and exist for courtroom decisions. These are known as common law. Legal principles such as contract law and negligence law belong to the common law rather than the statutes.
It is a fact that people belonging to the lower-income group have a high chance of committing crimes than “rich people,” but that doesn’t determine the chances of conviction. There have been multiple studies and researches that have shown that males belonging to the lower-income group are more likely to commit crimes even if the payout isn’t lucrative [1]. Often, crimes like drug use, DUI, or assault do not even correlate with money! So even as the public perception remains that the rich are given a pass in terms of conviction, the fact is that the conviction rate is equal regardless of the income group in the US. The conviction of the likes of Martha Stewart for the ImClone Stock Trading case proves the same.
This isn’t true. It is always advised that individuals or business leaders must get into the negotiation game by themselves. This helps them understand the clauses better and add their relevant points to the agreement.
However, having an expert attorney by your side is always valuable as they can guide you regarding the negotiation and agreement. An experienced attorney can add a boilerplate clause and other terms to your agreement and review all the documents for their genuineness.
This is another major myth that needs to be busted right away! There are three levels in the US federal system- District Court, Circuit Court, and the US Supreme Court. The US Supreme Court has the final say only over US Constitutional questions and federal laws. It is the state supreme courts that have the final say over the state issues/cases. The Supreme court only reviews a state case if it concerns federal law, such as criminal rights.
Someone following the news channels might feel that crimes in the US have risen, but it is the opposite in reality. In fact, the crime rates are now going down more than ever before [2]. In addition, the chances of a person dying due to crime or war is now at its lowest in the US. However, when a single crime is recorded, especially violent crime, the same is projected in such a manner by the media that people begin to believe that the crime rates have shot up in the US. In fact, the only thing that has really shot up is people’s sensitivity when it comes to such crimes.
Miranda Warning is a notification given to the defendant by the police in the US while in custody as a suspect. This gives them the right to silence, which means that they can choose to remain silent on questions which he/she might be better answering with an attorney by their side. The myth mentioned above is “false” because if a defendant is not Mirandized, it only makes the confession inadmissible during the trial. In the case of Ernesto Miranda, the Supreme court took this decision, but the man himself was convicted based on other supporting evidence and without his confession!
This is probably one of the oldest myths with an uncertain origin! In most cases, jurisdictions allow the arrested individuals to make one phone call to their relatives or friends to let them know of the conviction and seek attorney support. However, the same “one phone call rule” isn’t a right that is guaranteed by the US constitution. Hence, different jurisdictions can choose to offer it to the arrested individual at different points of the conviction. There can be times when no phone calls are provided unless law enforcement officers question the individual. From letting friends and family know about the status of the case to asking them for attorney support, a defendant can use the phone call for all these purposes whenever they get the chance. A few jurisdictions might allow unrestricted calls to individuals at a designated time of the day.
If someone commits a crime in your property or business location, and someone else gets injured due to this, you are not liable to pay! You cannot be accounted for someone else’s negligence or act of stupidity just because it happened on your property. If an individual claims that they have been injured at your business location, they need to prove that you were at fault to receive compensation from you or your respective insurer.
For example, if someone slips and falls within your property premises, the first and foremost question that legal experts ask is whether the person was invited or expected by you. If not, then the visit turns out to be unplanned, and hence you are not accounted for the injury. In such cases, having an expert personal injury attorney is essential so that you cannot be trapped into paying any compensation.
The Legal Helpers offers expert attorneys for your case, making the entire legal process smooth for you. Undoubtedly, getting a good attorney for any case is the biggest challenge which is why The Legal Helpers is here for help. So do not step into the bubble of legal myth; instead, connect with us today!
Resources-
1. https://www.jacksonfreepress.com/news/2011/oct/19/the-poverty-crime-connection/
2. https://www.hg.org/legal-articles/five-common-myths-about-the-american-justice-system-31788
