Reality in US Crime Shows on TV - legal flaws?

[Denzark]

I know we have some good legal minds on BoLS (as well as some who like to think they are). But recently, I have noticed things in US cop/crime shows that, from a British Policing perspective, would be an absolute no-no and would lose cases before they even get to court. Now I know they are not real, but some of them try and portray themselves as realistic - so why don't they get the legal bits right? Herewith some points:

1. The Shield. One of my favourites, but admittedly the least realistic of what I will mention. But, the amount of criminals not 'Miranda-rized' by those supposed to be the good, non-corrupt cops, is immense. Like the UK caution, not doing this renders whatever is said after arrest as inadmissible. Worst example - an internal affairs cop trying to arrest a corrupt cop doesn't give him his rights.

2. CSI all flavours. Since when did the CSEs speak directly to suspects? Is that how it happens in the States? You are lighting up the room with the '***** light' and next you are pointing a beretta in someone's ear? They do the forensics and the interviews? And how many interviews see the suspect break down - and they haven't even got a lawyer in the interview?

3. Bones. The amount of times interviews are done again without legal counsel present.

4. NCIS. See 3 above.

Cautioning and legal cover are the most basic aspects of policing, at least in real world UK - I know I am mentioning US fiction shows. But what the hell, Miranda and legal, right?

[Nabterayl]

No, our forensics guys don't speak directly to suspects. And while I'm not an expert on criminal procedure, you've got at least the general meaning of Miranda correct. I know there are exceptions, but something tells me that they aren't applicable to the situations in those shows ...

[Mr Mystery]

Entertaining show is entertaining regardless.

Especially CSI. It's just a really, really good 'whodunit and howdunnit' wrapped into one.

Not as if they're reality TV, like Dog.

[YorkNecromancer]

On Miranda rights:



Criminals Must Be Read Their Miranda Rights or They Will Go Free

As Seen On:

Every show that has involved a person being arrested.

Typical Scenario:

After months of grueling investigation and forensic work, the police finally get enough evidence to put the drug kingpin behind bars. The scene is the same every time: They bend his *** over the hood of the car and say, "You have the right to remain silent." That phrase is like the cops' end zone dance. They got you.


Touchdown, dirtbag.

And oh, by the way, if they ever forget to say the magic words at the time of arrest, that means you get to walk, right?

Why it's Bull****:

Actually the odds are, some of you reading this have been arrested. And the odds are the cops didn't read you your rights, at any point. You may also notice the cops on Steven Seagal: Lawman, are never heard doing it, though you probably assumed that was because Officer Seagal enforces the law his way.

Not so. The "reading your rights" thing (aka the Miranda Warning) is NOT done to everybody who gets arrested. It's instead a warning for people who are about to be interrogated. That doesn't include you if you were arrested for, say, driving drunk and then peeing on the hood of the police car. They pretty much know what they need to know.

OK, but if they do question you and forget to read you the Miranda Warning, you get to walk, right? When they say guys got off on "a technicality," that's what they're talking about, isn't it?

Actually, no. All that means is the prosecution will not be able to use anything you said in court, which usually is just a bunch of drunken swearing anyway.

for the full article, search for "Cracked: 7 Bull**** Police Myths Everyone Believes (Thanks To Movies)"

There's also:
http://tvtropes.org/pmwiki/pmwiki.php/Main/MirandaRights
http://tvtropes.org/pmwiki/pmwiki.php/Main/YouDoNotHaveToSayAnything
http://tvtropes.org/pmwiki/pmwiki.php/UsefulNotes/StayingOutOfLegalTrouble

Obviously I wouldn't use these to support myself in court, but they're good starting points for deeper research.

Of course, if we're talking scary reality TV cops, no-one, NO-ONE is as scary as the Karachi Cops (used to be on late night Channel 4 back in 1994:

http://www.youtube.com/watch?v=0pJRGrM-IxM

The most terrifying line from that show? "The man says he knows nothing, but Inspector Naseem does not believe him, so he is taken away to be tortured. Three hours later, his story has changed." Brrrr...

[Denzark]

That's fine Yorky but without Miranda what is said whilst in custody is inadmissible. It doesn't mean you walk, true, but what UK police refer to as the significant statement after arrest cannot be used - and that can be crucial.