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Many individuals, whether American or not, believe they understand how the American justice system operates. The U.S. is one of the leading producers of television, and countless detective and crime procedural shows have shaped people's perceptions. However, even the shows that claim to be more grounded in reality often stretch the truth and do not necessarily reflect the true nature of the system.
This list dives deeper into ten widespread myths about the American justice system.
10. Myth: Prisoners Are Protected and Cannot Be Forced to Work
Many believe that slavery and forced labor were entirely abolished with the passage of the 13th Amendment to the United States Constitution. While the Emancipation Proclamation set the stage, the amendment completed the process. However, there's an important clause in the amendment, known as the 'exception clause,' which allows forced labor in the case of those convicted of a crime, making it legal to compel prisoners to work.
This has had a significant impact on the U.S. prison system, with many prisons relying on inmate labor, often compensating them with mere pennies for their efforts. In some cases, the labor is voluntary, while in others it is not. A few states have fully banned slavery without exceptions, and Colorado became part of that group a few years ago.
However, there are reports indicating that some prisoners are still being forced into labor against their will and face punishment when they refuse to work for little or no pay. Numerous human rights organizations argue that the 13th Amendment should be revised to prevent exploitation, while others believe that the situation has already gone too far to reverse.
9. Myth: Police Are Not Permitted to Lie to You
There are various forms of this myth. One of the most common versions is the belief that if you ask an undercover officer if they are a cop, they must tell you the truth. This myth persists because criminals sometimes ask this question, not expecting an honest answer, but rather to observe the officer's reaction—an idea that has been perpetuated in TV shows and movies.
In reality, such a policy would make undercover officers vulnerable and ineffective in their roles. The truth is, police officers are legally allowed to lie to individuals. When interrogating someone suspected of committing a crime, they frequently use deceptive tactics and fabricate stories.
Some of the most frequent falsehoods they use include claiming to have evidence against you that they haven't obtained yet, telling you whether or not you are being recorded when the reality is different, offering you food or drink in an attempt to collect your DNA, and other tactics. The one thing they cannot deceive you about, however, is your actual legal rights and how you are entitled to exercise them.
8. Myth: It's More Expensive to Keep Murderers Alive Than to Use the Death Penalty
The death penalty is among the most contentious policies worldwide. Many nations are now taking steps to abolish it, and it is becoming less common in the United States.
A significant portion of the opposition to the death penalty stems from the belief that it is barbaric and won't restore lost lives. Critics also argue that it has never been shown to effectively reduce the occurrence of murders. Despite this, even those who might not have an issue with the practice itself are concerned about the financial costs associated with it.
Many people assume that life in prison is far more expensive due to the recurring costs of keeping an inmate alive. Others are aware that the death penalty carries higher costs but believe the issue lies with the appeals process. Some suggest that making it more difficult to appeal death penalty cases would resolve this, but this, too, is a misconception.
The reality is that the high cost of death penalty cases primarily comes from the trial itself, rather than the appeals. Before the appeals process even begins, there are two trials—one to determine guilt and another to decide whether the death penalty is warranted. These proceedings place a greater strain on prosecutorial resources than any other type of case.
7. Myth: You Have the Right to One Phone Call When Arrested
A widespread myth in the American justice system, fueled by movies and TV shows, is that when you're arrested, you have the right to one phone call. This trope is commonly used in entertainment, where the character often calls someone who isn't their attorney to hatch a plan and escape their predicament.
Many people are so firmly convinced of this right that they become confused and frustrated when, in custody, they aren’t allowed their supposed phone call. The unfortunate truth is that this is mostly a myth. The U.S. Constitution doesn’t grant Americans a specific right to make a phone call after being arrested. Instead, Americans are guaranteed the right to legal counsel, but only once they are formally questioned or charged.
This means that even if your sole desire is to call your attorney, the police are not required to permit the call until they are ready to interrogate you. While many states or localities have implemented laws allowing a certain number of phone calls to family or friends, this is not a legal right per se, but more of a local provision.
6. Myth: Police Interrogators Can Tell if You Are Lying from Body Language
This is one of the most widespread myths in the realm of law enforcement, not just in the U.S. Many people worldwide believe that by learning to read body language, you can easily spot when someone is lying. Some law enforcement officers particularly pride themselves on their ability to interpret body language and identify supposed universal signs of deception. This belief is reinforced by psychological folklore and popular movies, which suggest that mastering these techniques will allow you to never be deceived again.
In reality, however, numerous studies have reviewed and consistently reached the same conclusion: there are no universal signs of deception, at least none that are reliably identifiable. You might think that police officers, trained in body language, would be better at detecting lies than the average person, but the research doesn’t support this idea either.
Despite their experience and instincts, police officers didn’t perform any better than the general public in tests designed to detect deception. The only group that did perform slightly better was the United States Secret Service, but even their success rate was only marginally higher than the average person.
5. Myth: Criminal Courtroom Trials Are Common in the USA
Courtroom dramas and other TV shows often exaggerate the excitement of criminal trials, featuring dramatic outbursts and high-stakes moments for defendants, who are typically facing lengthy prison sentences. As a result, many people are taken aback when they find out that both the court and their attorney would rather avoid an actual trial altogether.
The reality is that trials are costly, as discussed earlier with the death penalty, and both state and federal governments are reluctant to bear the expenses. Many defendants realize they might be worse off going to trial, as losing could lead to a harsh sentence, so they opt for a plea deal. Lawyers also prefer this route, as a trial loss could harm their reputation, while securing a good deal for their client makes them look competent.
In fact, a small fraction of cases actually go to trial—less than 5% to 10%, depending on the state. When it comes to the federal government, trials are even rarer, with some years seeing fewer than 3% of cases making it to court.
4. Myth: Crime, Especially Violent Crime, Is Increasing in the U.S.
Many Americans hold the belief that crime rates, especially violent crime, are on the rise and urgent action is needed. Some blame illegal immigration, while others claim that Democrats have become lenient on security and that police forces have been weakened by movements like BLM. A Gallup poll from last year revealed that 77% of Americans believe crime is escalating, with about 50% of Democrats sharing this view.
Despite widespread beliefs, the evidence available doesn't support this view. A recent FBI report for 2023 revealed a significant drop in crime rates in the U.S. that year. Violent crime decreased by 8%, while property crime fell by 6%, marking the most substantial reduction since 1961. Even more promising, murder rates saw a drastic decline, almost unparalleled in recorded history.
In 2021, the Justice Department acknowledged a rising concern over crime and implemented a series of initiatives to tackle the problem. These measures have proven effective, and it is crucial that the U.S. continues to follow this path.
3. Myth: Polygraph Tests Are an Effective Tool for Law Enforcement
The polygraph, or lie detector test, is something most people are familiar with, even if they've never been subjected to one. During the test, individuals are first asked neutral control questions to gauge their reactions. Then, they are posed the critical questions aimed at detecting dishonesty. If the person is lying, the polygraph records a noticeable spike in the needle, signaling deceit.
While polygraphs are still used by some law enforcement agencies and occasionally in job screenings, they are not as reliable or significant as many might think. In fact, polygraph results are inadmissible in U.S. courts. Some states may permit them if both parties agree, but many others reject their use entirely, deeming the method too unreliable.
Polygraphs simply don't have the reliability needed to be used as definitive evidence in criminal cases. After reviewing various studies, the American Psychological Association concluded that polygraphs are only slightly more accurate than random guessing, and their error rate is too high for courtroom use. Additionally, the test's scientific validity is difficult to assess, adding further complications to its use.
2. Myth: The Use of Drug-Sniffing Dogs by Police to Search Your Car Is a Well-Established Legal Practice
We've all seen the scene in movies or on TV, and some have even experienced it in real life. A simple traffic stop escalates when the officer brings in a drug-sniffing dog. The dog alerts to the presence of drugs, the officers search the car, and they find the contraband, leading to a troubling outcome for the driver. Many people believe this is settled law and feel powerless to do anything about it.
However, the truth is that the U.S. Supreme Court has ruled that without probable cause, an officer cannot simply search a vehicle with a drug-sniffing dog, as this would violate the Fourth Amendment protection against unreasonable searches and seizures. What qualifies as probable cause is still somewhat unclear on a federal level, but legal developments are happening rapidly.
States like Connecticut and Minnesota have recently taken significant steps. Connecticut has prohibited using the smell of marijuana as probable cause for a search, while Minnesota made a similar move for an interesting reason: the legalization of hemp, which smells similar to marijuana, means the scent of weed can no longer be considered probable cause. If this trend spreads nationwide, it will become more difficult for officers to search vehicles without consent.
1. Myth: The Insanity Plea Can Keep You Out of Jail
The insanity plea is one of the most enduring myths in the legal world, frequently appearing in movies and TV shows. In these portrayals, a criminal pretends to be mentally unstable in hopes of avoiding punishment. They'll wear outlandish clothes, make bizarre statements, and act as eccentric as possible—all to secure a free pass on an insanity defense.
While most people assume it would take more than just quirky behavior to successfully claim an insanity plea, many are surprised to learn that this defense is rarely used at all. It's not just ineffective—it’s almost never attempted in the first place.
The reason for this is simple: lawyers know it’s usually not a good strategy. Unless the goal is to avoid the death penalty, a successful insanity plea just leads to a lifetime sentence in a high-security psychiatric facility. With insanity defenses used in less than 1% of cases and succeeding only about 25% of the time, it’s often considered a far-fetched option for most defendants.
