The

EffectLisa Miller and Matt Schmitz

What is the CSI Effect?

“A phenomenon reported by prosecutors who claim that television shows based on scientific crime solving have made actual jurors reluctant to vote to convict when, as is typically true, forensic evidence is neither necessary or available.”

-Nolo’s Plain-English Law Dictionary

Why Should We Care?Watching television shows like CSI and Cold Case Files give citizens a distorted view of how forensic evidence is found and what technology is available to forensic scientists.

Some examples include:

Process times for DNA/fingerprints

Getting molds of wounds to match to weapons

Amount of information you can get from a piece of evidence

Jurors in criminal cases may fail to convict someone who is guilty due to a lack of high-tech physical evidence

Very few cases go to trial, and the ones that do are the violent offenders

If true, the CSI Effect will force prosecutors to change their courtroom techniques in order to convince jurors that the defendant is guilty

Continued…

According to the Research…CRIME-SHOW-VIEWING HABITS AND

PUBLIC ATTITUDES TOWARD FORENSIC EVIDENCE: THE "CSI EFFECT"

REVISITED*Questions:Do jurors consider some forms of evidence as more reliable than others? Are there certain forms of testimony that increase the public's confidence in the reliability of evidence? Do crime-show viewing habits have any effect on these assessments?

Results of the study“DNA was considered to be the most reliable (89.5 percent), with fingerprints (78.8 percent), medical expert testimony (30.3 percent), police testimony (23.3 percent), victim testimony (21.2 percent), and eyewitness testimony (21.2 percent) following behind. The respondents found all forms of "science-based" (i.e., DNA and fingerprint) evidence to be more reliable than victim, police, and eyewitness testimony.”

People who watched three or more hours of crime shows per week were less likely to convict in rape or murder cases without scientific evidence.

The greater the number of hours spent watching crime and justice programs, the more reliable the respondents found these forms of evidence

Crime show viewing habits directly affected a respondent's belief about their willingness to convict without scientific evidence

http://www.cbs.com/shows/csi_miami/video/?vs=Full%20Episodes

WAYS TO REDUCE THE CSI EFFECT IN COURTROOMS

• This must identify and eliminate biased jurors from the panel

• United states v Harrington – multiple felony drug trafficking charges• Harrington argued that the court

lessened the courts burden of proof in his case by using only “in-court” evidence.

Voir Dire Questioning

3 Types of Questions You Can Ask in Voir Dire Questioning

1. Can the juror make the distinction between the fictional cases depicted on the CSI-type shows and real cases?

2. Can the juror convict even if CSI-type evidence is not presented?

3. Does the juror understand that some of the tests and investigation procedures used on television shows may not even be possible in real life?

• Keep an open mind• Don’t make conclusions

about the case until all the evidence is heard

• Don’t discuss the case with anyone until the end of the case

• At the end of the case, only discuss the case with their fellow impaneled jurors who have taken an oath to be fair and have heard all admissible evidence.

• Don’t read news accounts about the case

• Don’t conduct any personal investigation

Instructing jurors before evidence

What is evidence?The exhibits which are to be received into evidenceThe sworn testimony of any witnessAnd facts to which all lawyers stipulate

What is not evidence?Statements, arguments, questions, and objections of the attorneysTestimony that the judge instructs you to disregardAnything that the juror may see or hear when the court is not in session even if what you see or hear is done or said by one of the parties or by one of the witnesses.

Cautioning potentially CSI infected jurors earlier and more often during the case is suggested

Instructing Jurors After Evidence

Crucial to a fair and effective deliberation because it reminds the jurors to avoid analyzing the facts of the case through the lens of fiction

It is legally correct to instruct jurors that prosecutors are not required to use particular kinds of evidence like scientific forensic evidence to prove guilt

Also called Evans type instruction

• Baskin, D. R., & Sommers, I. B. (2010). Crime Show-Viewing Habits and Public Attitudes Toward Forensic Evidence: The “CSI” Effect Revisited*. Justice System Journal, 97-113.

• CSI:Miami. (2012, February 12). Retrieved from CBS: http://www.cbs.com/shows/csi_miami/video/?vs=Full%20Episodes

•  Google Images for background pictures• Lawson, T. F. (2009). Before the verdict and beyond the verdict:

The csi infection within modern criminal jury trials. Loyola University Chicago Law Journal, 41, 119-173.

• Nolo's Plain-English Law Dictionary. (2012).

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