But They Didn't Read Me My Rights!

by CICCHINI, MICHAEL D. JDKUSHNER, AMY B. PHD

• ISBN13: 9781616141660
• ISBN10: 1616141662
• Format: Trade Paper
• Copyright: 2010-04-27
• Publisher: Prometheus Books

Summary

Written in a lively, appealing style, the book is composed of self-contained chapters, each addressing a distinct legal myth, oddity, question, or misconception.

Author Biography

Michael D. Cicchini, JD, is a criminal defense attorney. Super Lawyers and Milwaukee Magazine named him among the top young lawyers for 2006, 2007, 2008, and 2009. He graduated summa cum laude from Marquette University Law School and has also published extensively on criminal and constitutional law, including articles in the Tennessee Law Review and the Arizona State Law Journal. Amy B. Kushner, PhD, is a lecturer in English at the University of Wisconsin-Parkside. Previously, she taught literature and composition at Stony Brook University, where she earned her doctorate in English literature. She is also a contributing author to 101 Horror Films, 101 Science Fiction Films, 101 Gangster Films, and 101 War Films.

Table of Contents

Introduction	p. 13
Disclaimer—Read This First!	p. 17
Acknowledgments	p. 19
That's a Crime?
Is it against the law to look at someone the wrong way?	p. 23
Can you be convicted of drunk driving if you're not driving the car?	p. 26
Can a professional fighter be charged with battery for winning a fight?	p. 29
Is marijuana legal?	p. 32
Can you be convicted of bail jumping if you never leave the state?	p. 34
Can you be convicted of a crime for yelling in your own home?	p. 37
Can you be convicted of “carrying a concealed weapon” if your gun is not concealed?	p. 41
Sex Crimes
Can you be convicted of “statutory rape” if the minor lied about his or her age?	p. 47
Is oral sex illegal?	p. 50
Is it a crime to cheat on your spouse?	p. 53
Is prostitution legal in Las Vegas?	p. 56
Problems With the Police
Do the police have to read you your rights when they arrest you?	p. 61
Can the police search your car if you have an air freshener hanging on the mirror?	p. 65
Can the police tell when you are lying?	p. 69
Can the police lie to you when they interrogate you?	p. 73
Can the police search your home without a warrant?	p. 77
Can you make a citizen's arrest?	p. 81
Criminial Process and Procedure
Since I'm innocent until proven guilty, will I still have to sit in jail before trial?	p. 87
Can a child be convicted of a crime?	p. 90
If you accuse someone of a crime, can you later “drop the charges”?	p. 93
If you punch someone in a fight, are your hands considered dangerous weapons?	p. 97
Your Day in Criminal Court
Can hearsay be used against you in court?	p. 103
Does a speedy trial mean you'll get your trial within six months?	p. 107
Can you be convicted of a crime for a mistake or an accident?	p. 110
Can you be convicted of multiple crimes for a single act?	p. 155
Can you be convicted of a crime without any evidence?	p. 118
If a jury convicts you of a crime, can you appeal the verdict?	p. 121
Can you beat your case by claiming you're insane?	p. 125
If you're charged with a crime, can you represent yourself in court?	p. 129
First Kill All the Lawyers
Are public defenders “real lawyers”?	p. 135
If you can't afford a lawyer, will the court appoint one for you?	p. 139
Contract Law: A Deal is a Deal
Do contracts have to be in writing to be enforceable?	p. 147
Will a contract be enforceable because it is in writing?	p. 150
Can promises be enforced, even if they're not enforceable as contracts?	p. 153
Can a minor (under eighteen years old) enter into a contract?	p. 156
Are disclaimers, or no-liability clauses, enforceable?	p. 160
Are there legal ways to get out of an otherwise enforceable contract?	p. 164
Family Law: Love and Marriage
If you break up with your fiancé, can you keep the ring?	p. 171
In a divorce, does the mother have an advantage over the father for child custody?	p. 174
In a divorce, can a “pre-nup” protect your assets from your ex-spouse?	p. 177
Can the government order you to pay support for someone else's child?	p. 181
Taxes: Cuz I'm the Taxman
If you find lost or abandoned property, do you have to pay taxes on it?	p. 187
If you barter for goods or services, do you have to pay taxes?	p. 190
Real Property Law: I Know What's Mine
Is it possible to lose your property through “adverse possession”?	p. 195
Is it possible to use your neighbor's property without trespassing?	p. 198
Torts: Sue Happy
Can you sue a restaurant if your coffee is too hot?	p. 203
Can a burglar sue me if he gets injured on my property?	p. 207
Can I be sued for helping someone during an emergency?	p. 210
People are spreading rumors about me—can I sue them for slander?	p. 214
Legal Education: So You Want to Be a Lawyer?
Do you have to go to law school to be a lawyer?	p. 219
Do you have to pass the bar exam to be a lawyer?	p. 222
Do all lawyers go to trial?	p. 225
Is becoming a lawyer the road to riches?	p. 228
Afterword	p. 233
Endnotes	p. 235
Index	p. 273
About the Authors	p. 275
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