It’s impossible to overestimate the influence of cinema and TV shows on society’s perception of how the criminal justice system works.
Legal thrillers and films often aim to create a sense of intrigue and surprise by simplifying certain aspects of the process or overstating actions in courtrooms.
Whether overly simplified or under-simplified, such representations are often quite far from reality. That can lead people to form erroneous opinions about how judicial and investigative bodies — not to mention prosecution and defense lawyers — work.
Indeed, real defense cases can be significantly more complicated and procedural than they seem after watching popular legal thrillers on the big or small screen.
Here are five common myths about criminal defense work that TV shows and videos often spread to their audience.
1. Trials Have Unexpected Surprises Everywhere
Legal thrillers typically make it appear as though court trials are full of the unexpected. However, modern legal systems are designed to minimize unpredictability in trials.
Thus, attorneys of both sides know the following:
- What evidence they plan to present in court
- Who their witnesses might be
- What arguments they could use
- How they’ll refute the other side’s evidence
Moreover, judges today usually try to avoid situations in which attorneys suddenly do something dramatic during trials to create a sense of surprise, as this is not in line with legal principles.
Real defense in a criminal case is a lengthy and complex process that includes investigation, preparation, and more. It’s unlikely that attorneys will suddenly find critical evidence for the case just before or even during the trial since this would violate the principles of the process.
2. Criminal Defense Attorneys Help Guilty Criminals
It’s common for the audience of a crime drama to perceive the defense attorney as the person who is willing to help guilty criminals escape justice. This opinion is wrong and creates an unfair stereotype in society.
In reality, criminal defense attorneys have numerous tasks. For instance, they are responsible for the following:
- Challenging any improperly obtained evidence
- Guaranteeing due process
- Examining police officers’ actions
- Making sure that the rights of individuals are being guaranteed
- Informing their clients about all possible legal options
- Testing the strength of prosecution evidence
The criminal justice system needs both a prosecutor and an attorney to function. What criminal defense attorneys do is ensure that the legal process is conducted properly and in accordance with legal regulations and standards.
3. Defendants Always Admit Everything in a Trial
Many legal thrillers are known for emotional confessions of defendants — often unexpectedly in the courtroom. However, as mentioned earlier, court trials follow strict procedures designed to ensure justice in accordance with specific rules and standards.
This is why defendants are advised to carefully consider whether to testify in court, the potential consequences of that decision, possible strategies, and how a confession can affect the trial.
People often believe that remaining silent is an admission of guilt. However, choosing not to testify is an option for both defendants and prosecutors to prove the case without a confession.
4. Forensic Evidence Is Always Fast and Perfect
Most films feature quick identification of guilty persons through fingerprints, DNA, and high-tech databases. However, forensics isn’t as magical as it may seem at first sight.
So, real investigations involve various steps, including the following:
- Processing samples in a laboratory
- Analyzing data and making assumptions
- Checking for errors or contamination
- Performing other necessary actions related to the case
For example, it can take from a few hours to weeks, or even months, to examine DNA material or fingerprints. In addition, no matter how reliable forensic science may be, its results can be challenged by criminal defense attorneys.
For instance, they can question handling procedures, laboratory reliability, methods used for evidence evaluation, and conclusions reached after analysis.
According to representatives of some scientific communities, Hollywood often contributes to the so-called “CSI effect,” in which jurors expect to see advanced forensic science in all trials.
5. Authorities Can Break the Law If They Know That the Person Is Guilty
It’s common for popular films to depict authorities breaking the law to achieve their goals. However, criminal trials must be conducted fairly, which means the end doesn’t always justify the means. Thus, criminal defense attorneys can challenge cases in which the investigation violates the following:
- Individual rights
- Due process
- Any existing laws
So, it’s unlikely that courts will focus only on results if there were procedural missteps.
Defense of criminal suspects is a complex process that requires lawyers to analyze evidence and the procedures used in court.
At the same time, many common misconceptions about criminal defense and its process have arisen from popular videos and TV shows. Contrary to popular belief, trials are highly procedural, and criminal defense attorneys perform a very complex job.
Sometimes, life imitates art in the courtroom. But it’s more often the case that art is an exaggeration of life.
