But They Didn't Read Me My Rights!: Myths, Oddities, and Lies about Our Legal System

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Overview

Do the police have to read you your rights when they arrest you? Can you get charged with drunk driving if you weren't even driving the car? Do contracts have to be in writing to be enforceable? If you break up with your fiancé, can you keep the ring? Do you have to pass the bar exam to become a lawyer?

As the above questions illustrate, we live in a society where the law affects nearly every aspect of our lives. Unfortunately, much of what we think we know about the law is actually a myth or misconception. But They Didn't Read Me My Rights! debunks many of those myths and misconceptions by providing an entertaining yet educational tour of our American ...

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More About This Book

Overview

Do the police have to read you your rights when they arrest you? Can you get charged with drunk driving if you weren't even driving the car? Do contracts have to be in writing to be enforceable? If you break up with your fiancé, can you keep the ring? Do you have to pass the bar exam to become a lawyer?

As the above questions illustrate, we live in a society where the law affects nearly every aspect of our lives. Unfortunately, much of what we think we know about the law is actually a myth or misconception. But They Didn't Read Me My Rights! debunks many of those myths and misconceptions by providing an entertaining yet educational tour of our American legal system, including its many oddities. In the process, the book answers some of the most interesting legal questions about some of our most important, fascinating, and surprising laws in a wide array of areas.

For example, the police definitely do not have to read you your rights when they arrest you; in fact, sometimes they can even interrogate you without reading you your rights. Moreover, you can be charged and convicted of drunk driving for just turning the key, even if you never drive the car or even start the engine! While some contracts do have to be in writing to be enforceable, most don't. The authors explain why. Depending on the state in which you live, you might be able to keep the ring if you break it off with your fiancé. And finally, you don't always have to pass the bar exam to become a lawyer; in fact, in some states, you don't even have to go to law school!

Whether devotees of Law and Order, CSI, or Judge Judy, readers will discover much more about the law than they alreadyknew—or thought they knew. Written in a lively, appealing style, the book is composed of self-contained chapters, each addressing a distinct legal myth, oddity, question, or misconception. Select your favorite topic or enjoy the authors' witty and very informative discussion of the law cover-to-cover. Either way, you are assured of being entertained, enlightened, and surprised!

Editorial Reviews

Publishers Weekly
The law is never black and white, as Cicchini and Kushner prove in this entertaining look at common assumptions and misconceptions about the American justice system. Presented as a series of questions and answers, the book begins with attention-grabbing legal oddities (e.g., it's possible to be convicted of drunk driving without actually driving a car) and progresses through the particulars of contract law, taxation, and civil suits. Cicchini and Kushner, a criminal defense attorney and college English lecturer respectively, stress that the myriad state and federal laws are too vast to memorize; they are also almost always flexible, being applied to specific cases through legal reasoning. For example, it's possible to be convicted of multiple counts of the same crime, despite the constitutional protection against double jeopardy, provided there are multiple victims. While some of the questions border on ridiculous (“Can the police tell when you're lying?” “Are public defenders 'real lawyers'?”), the majority will intrigue the average reader accustomed to the television version of law and order, which emphasizes drama rather than legal precedent. (Apr.)

Product Details

  • ISBN-13: 9781616141660
  • Publisher: Prometheus Books
  • Publication date: 4/27/2010
  • Pages: 250
  • Sales rank: 851,767
  • Product dimensions: 6.00 (w) x 8.90 (h) x 0.80 (d)

Meet the Author

Michael D. Cicchini, JD (Kenosha, WI), is a criminal defense attorney and the sole owner of Cicchini Law Office LLC (2002-present). Super Lawyers Magazine named him as one of the top lawyers under forty for 2006 and 2007. He has also won the Ramon A. Klitzke Appellate Advocacy Award and the Excellence Award in Legal Writing from Marquette University Law School, among other honors.

Amy B. Kushner, PhD (Kenosha, WI), is a lecturer in English at the University of Wisconsin-Parkside in Kenosha, Wisconsin. Previously, she taught literature and composition at the State University of New York at Stony Brook, where she earned her doctorate in English literature. She is a contributing writer for two upcoming books, 101 Horror Films and 101 Science Fiction Films.

Read an Excerpt

BUT THEY DIDN'T READ ME MY RIGHTS!

MYTHS, ODDITIES, AND LIES ABOUT OUR LEGAL SYSTEM
By MICHAEL D. CICCHINI AMY B. KUSHNER

Prometheus Books

Copyright © 2010 Michael D. Cicchini and Amy B. Kushner
All right reserved.
ISBN: 978-1-61614-166-0

Chapter One

Is it against the law to look at someone the wrong way?

Yes. It certainly can be. And not only might it be against the law, but it might also be considered criminal behavior for which you could wind up with probation, a hefty fine, a jail sentence (which is typically one year or less of incarceration), or, in some cases, even a lengthy prison sentence.

How can this possibly be? Well, it probably begins with our love of government. We love the concept of government so much that we have multiple layers of it. There is the federal government, the state governments, and then the multiple levels of local governments. On top of them, we have a slew of agencies and other governmental bodies, created by each and every level of government, that also have lawmaking authority. These laws consist of statutes, regulations, agency and court decisions, and ordinances, to name only a few. To be sure, we live in a legal maze.

For starters, then, every state government has a massive criminal code that prohibits many types of conduct, such as theft and drunk driving, for example. These criminal codes consist of hundreds, and sometimes a thousand or more, different crimes for which you can be prosecuted and punished. And as if these weren't enough, many of the lower levels of government within each state—such as the counties, cities, villages, and townships—create their own sets of laws called ordinances. Usually, these ordinances replicate the state's criminal code to a large extent, but sometimes they add even more prohibitions on our conduct.

So there may be a local ordinance in effect in your county, city, village, or township. This ordinance prohibits something called "mashing." If you are prosecuted for violating this ordinance, you could be convicted and could face a stiff forfeiture or fine. And if you can't pay, you could eventually receive a "commitment," which is a jail sentence for your failure to pay that fine. What is this ominous-sounding mashing from which our local communities need such vigorous protection? Hang on to your seats; here it is:

Mashing: no person shall improperly ogle—that is, to eye amorously or provocatively—any person of the opposite sex.

A close reading of this statute raises some interesting issues. First, what is a proper ogle as opposed to an improper ogle? If you properly eye a person amorously or provocatively, it's okay. But if you do so "improperly," it is against this particular law. And how do you know whether it's proper until you do it? Does this mean that only married people can ogle? And if so, how does one get married if he or she can't first ogle?

Second, why are gay men and lesbians excluded from this statute? If you eye someone of the same sex in an amorous or provocative manner, you're not violating the ordinance. The most likely explanation is that the government officials who dreamed up this law are somewhat sheltered and never even imagined that two people of the same sex could possibly ogle one another.

This law against mashing is not only on the books, but it actually gets used in prosecution. And the reality can get even worse. There is even a section in most states' criminal codes—the body of law that takes the form of a statute, rather than a noncriminal local ordinance—called disorderly conduct. It is criminal behavior to engage in disorderly conduct, and that crime is punishable with probation, jail time, or, if you have a prior criminal record, possibly even with prison time. Just what is this horrible disorderly conduct that simply has to be criminalized and punished? Here it is:

Disorderly Conduct: Whoever, in a public or private place, engages in indecent or otherwise disorderly conduct that tends to cause or provoke a disturbance is guilty of a misdemeanor crime.

This disorderly conduct statute has been used, countless times, to convict people for surprisingly minor behavior, including conduct in private places, such as in their own homes. And there is no need to prove that the conduct in question actually caused a disturbance; rather, if such conduct merely "tends to" cause a disturbance, that's enough to qualify as a crime.

So if someone was accused of ogling, an act that upset the person allegedly being ogled, the accused ogler could also be charged with disorderly conduct. How? Well, isn't improper ogling under the mashing ordinance also "indecent" conduct that "tends to cause or provoke a disturbance" under the criminal statute? It sure is. And you might even be convicted of both mashing and disorderly conduct for the same "criminal" act.

This disorderly conduct law is so vague and imprecise that it doesn't give us any notice of what specific conduct is considered criminal. For this reason, its constitutionality has been challenged many times but to no avail. The courts have fallen in love with this disorderly conduct statute, and it is here to stay.

But don't worry. If you don't have a prior criminal record, you might get away with a simple fine rather than jail time or probation, if in fact you are convicted of disorderly conduct.

So, the lesson is that we really need to watch whom we look at or how we appear to look at them these days. Either that, or maybe we should tell our government to stop making so many laws.

(Continues...)


Excerpted from BUT THEY DIDN'T READ ME MY RIGHTS! by MICHAEL D. CICCHINI AMY B. KUSHNER Copyright © 2010 by Michael D. Cicchini and Amy B. Kushner. Excerpted by permission of Prometheus Books. All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.

Table of Contents

Contents

Introduction....................13
DISCLAIMER—READ THIS FIRST!....................17
Acknowledgments....................19
1 Is it against the law to look at someone the wrong way?....................23
2 Can you be convicted of drunk driving if you're not driving the car?....................26
3 Can a professional fighter be charged with battery for winning a fight?....................29
4 Is marijuana legal?....................32
5 Can you be convicted of bail jumping if you never leave the state?....................34
6 Can you be convicted of a crime for yelling in your own home?....................37
7 Can you be convicted of "carrying a concealed weapon" if your gun is not concealed?....................41
8 Can you be convicted of "statutory rape" if the minor lied about his or her age?....................47
9 Is oral sex illegal?....................50
10 Is it a crime to cheat on your spouse?....................53
11 Is prostitution legal in Las Vegas?....................56
12 Do the police have to read you your rights when they arrest you?....................61
13 Can the police search your car if you have an air freshener hanging on the mirror?....................65
14 Can the police tell when you are lying?....................69
15 Can the police lie to you when they interrogate you?....................73
16 Can the police search your home without a warrant?....................77
17 Can you make a citizen's arrest?....................81
18 Since I'm innocent until proven guilty, will I still have to sit in jail before trial?....................87
19 Can a child be convicted of a crime?....................90
20 If you accuse someone of a crime, can you later "drop the charges"?....................93
21 If you punch someone in a fight, are your hands considered dangerous weapons?....................97
22 Can hearsay be used against you in court?....................103
23 Does a speedy trial mean you'll get your trial within six months?....................107
24 Can you be convicted of a crime for a mistake or an accident?....................110
25 Can you be convicted of multiple crimes for a single act?....................115
26 Can you be convicted of a crime without any evidence?....................118
27 If a jury convicts you of a crime, can you appeal the verdict?....................121
28 Can you beat your case by claiming you're insane?....................125
29 If you're charged with a crime, can you represent yourself in court?....................129
30 Are public defenders "real lawyers"?....................135
31 If you can't afford a lawyer, will the court appoint one for you?....................139
32 Do contracts have to be in writing to be enforceable?....................147
33 Will a contract be enforceable because it is in writing?....................150
34 Can promises be enforced, even if they're not enforceable as contracts?....................153
35 Can a minor (under eighteen years old) enter into a contract?....................156
36 Are disclaimers, or no-liability clauses, enforceable?....................160
37 Are there legal ways to get out of an otherwise enforceable contract?....................164
38 If you break up with your fiancé, can you keep the ring?....................171
39 In a divorce, does the mother have an advantage over the father for child custody?....................174
40 In a divorce, can a "pre-nup" protect your assets from your ex-spouse?....................177
41 Can the government order you to pay support for someone else's child?....................181
42 If you find lost or abandoned property, do you have to pay taxes on it?....................187
43 If you barter for goods or services, do you have to pay taxes?....................190
44 Is it possible to lose your property through "adverse possession"?....................195
45 Is it possible to use your neighbor's property without trespassing?....................198
46 Can you sue a restaurant if your coffee is too hot?....................203
47 Can a burglar sue me if he gets injured on my property?....................207
48 Can I be sued for helping someone during an emergency?....................210
49 People are spreading rumors about me—can I sue them for slander?....................214
50 Do you have to go to law school to be a lawyer?....................219
51 Do you have to pass the bar exam to be a lawyer?....................222
52 Do all lawyers go to trial?....................225
53 Is becoming a lawyer the road to riches?....................228
Afterword....................233
Endnotes....................235
Index....................273
About the Authors....................275

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