Thursday 20 October 2016

Not Quite What You See On Tv: Busting Myths On Criminal Law

The depictions of criminal litigation in popular culture often bears little resemblance to the legal practice in real life. Unless the production team has a dedicated legal adviser on board, errors and myths are likely to be present in most criminal law proceedings on television.

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In the real world, the day to day tasks and responsibilities of all aspects of criminal law are a lot slower and, thankfully, sometimes less absurd. Individuals, including those interested in taking up criminal law, should take the opportunity to dispel common myths surrounding the field.

The first and most common of all myths is the speed with which criminal cases are resolved. Actual cases can take more than a month to reach a conclusion, factoring in the need to accurately identify a suspect through investigations and the time required to process the forensic data. Moreover, TV shows frequently cite forensic science as providing the key to determining guilt from innocence; it is almost never as quick in reality.

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Misconceptions also abound in the actual practice of criminal law. This is apparent in the prevalence of the insanity defense in fiction. Long entrenched in comedy and drama as the clearly guilty individual's refuge in audacity, the insanity defense is rarely undertaken and seldom works. Other criminal defense strategies are typically preferred.

Finally, defendants should never assume that a prosecutor or judge would dispense an equal penalty off the bat and should have with them a seasoned criminal law attorney to advise them on the entire case.

Among the most experienced lawyers in Pennsylvania, Allentown-based Michael J. Donohue has helped criminal law cases over the course of a decade-long career. For more on him and his practice, visit this website.