Term Paper on "CSI Effect"

Term Paper 15 pages (4074 words) Sources: 1+

[EXCERPT] . . . .

Art imitates life, but the onslaught of televisions shows that deal with crime scene investigation have jurors expecting for life to imitate art. This is described as the CSI Effect named after a popular CBS television series. The purpose of this discussion is to explore the impact that the CSI effect has had upon jurors and the judicial system. The research will also investigate the impact of the CSI effect on prosecutors. In addition we will explore the some o the positive factors that have come about as a result of the CSI Effect. Let us begin our discussion by defining the "CSI Effect.

CSI Effect

According to an article found in U.S. News, the TV Series CSI: Crime Scene Investigation and other television shows such as Law and order with their fast and often accurate way of solving crime through forensic evidence has jurors believing that crimes in real life be solved in the same fashion. In addition, the CSI effect has impacted the rate of college students entering forensic science at colleges across the country (Prosecutors feel the CSI Effect). According to CBS new approximately 60 million Americans watch CSI each week and millions more also watch similar shows (Prosecutors feel the CSI Effect). According to an article entitled "The CSI effect' on Real Juries" defining this effect is easy: "Having watched hour after hour of "CSI: Crime Scene Investigation" and other legal dramas, jurors nationwide are demanding forensic evidence and acquitting defendants when prosecutors don't deliver (Treleven, 2005)."

In many courtrooms across the nation many jurors are now asked what television shows that they watch. Treleven (2005) reports that two of the CSI shows are almost always in the top ten. Judges have also reported that many of the jurors are extremely inquisitive as it relates to DNA evidence and fingerprints. Many concede that such inquisitiveness is a direct result of CSI and similar television shows (Treleven, 2005).

In addition, the author asserts that jurors have also formed stereotypes about what a trial should look like and how the judges and lawyers should behave (Treleven, 2005). The article asserts that jurors are likely to be disappointed by the lack of drama in an actual trial and the seemingly mundane performances of judges and lawyers...whether this would translate into disappointment to the lack of high-tech evidence presented and whether that would translate into tougher sledding for the prosecution seems a rather tenuous set of assumptions (Treleven, 2005)."

Because jurors are often so enamored by what they have seen on television many judges now have to remind jurors to separate fact from fiction when deciding a case (Treleven, 2005).

Indeed, the justice system and law enforcement agencies have been forced to adjust to the impact of these shows on the minds of jurors. An article entitled "Getting a Grip on the CSI Effect" asserts that the CSI effect has placed both of the entities under pressure to distinguish between the fictional things scene in television shows and the reality of actual cases (Botluk & Mitchell 2005). In addition the authors assert that expert witnesses are under greater pressure to find new ways of developing testimony that is compelling to jurors (Botluk & Mitchell 2005). Many have asserted that such evidence should not only be entertaining for the jurors but must also convince them that the crime was thoroughly investigated (Botluk & Mitchell 2005).

The article in U.S. News explains that these television shows are most misleading in the fast manner in which they are able to gather forensic evidence such as DNA and get quick results. The article explains that in reality forensics is seldom as fast, or as certain, as TV tells us. Too often this science is unproven, the analysis unsound, and the experts unreliable...many of the nation's crime labs -- underfunded, undercertified and under attack-simply can't produce (Morrison and Roane, 2005)."

John Marquis who is the district attorney of a city in Oregon explains that he does not have access to same day toxicology reports or same day DNA testing that many jurors now expect (Prosecutors feel the CSI Effect). It has been likened to the Perry Mason Effect. For example, "in the '50's and '60's with Perry Mason, you expected the confession before the last commercial...with these CSI shows, people are conditioned to think there's always going to be evidence at a crime scene (Rosinski 2004)."

When jurors are selected for a trial many of them now expect to be shown concrete forensic evidence from the crime scene. However, in many cases such evidence is not existent or very slight. When jurors do not receive such evidence from the prosecution there is often an acquittal. Such was the case in a Baltimore murder case in which there were two eyewitnesses but no DNA evidence (Prosecutors feel the CSI Effect)

The authors point out that a great deal of the evidence presented on crime investigation shows is not the type of forensic evidence that is gathered in real life. For instance, in one episode of CSI the evidence included using a wound to recreate the shape of a knife (Morrison and Roane, 2005). Another show attempted to predict the time of death according to the rate at which a piece of metal rust. However, most forensic experts agree that this type of forensic evidence is not likely to occur in a real crime.

The authors assert that blood from the perpetrator is rarely found at a crime scene (Morrison and Roane, 2005). The most common types of evidence are tool marks and fingerprints (Morrison and Roane, 2005).

The authors also assert that crime labs have progressed very little over the years. For instance the article explains that many are still understaffed, and they often don't receive all of the relevant physical evidence from the crime scene, either because police investigators don't know what they're looking for or because figure -- possibly wrongly -- that the case is strong enough without it. A crime labs bread and butter is testing drugs found at crime scenes, doing toxicology screens, and comparing fingerprints. DNA matches are way down the list, mainly because they're time consuming and expensive (Morrison and Roane, 2005)."

In addition, some of the technology presented on such shows doesn't even exist. The technology that does exist usually takes a great deal of time to examine forensic data. This technology cannot produce results overnight as some of these crime shows suggest.

The creator of CSI Anthony Zuiker insists that the type of technology presented on the CSI series is accurate and scientifically proven. He argues "all of the science is accurate and we have real CSI's on staff that help us write the scripts and make sure everything is executed perfectly (Prosecutors feel the CSI Effect)."

Although the creator of CSI asserts that the technology and types of forensic evidence shown on the television program are not realistic, there are many who disagree. In fact some experts that have worked on the show and other similar shows have quit because they believe that the shows are detrimental to the judicial system and may influence potential jurors in a negative way (Botluk & Mitchell (2005). In addition, some experts believe that the shows can unknowingly be teaching criminals how to get away with crimes (Botluk & Mitchell (2005). For instance, a criminal may watch the show and learn how crime scene investigators find perpetrators.

This to can prove problematic because prosecutors will have a difficult time finding perpetrator and if they are found there may not be any evidence that links them to the scene of the crime. The lack of evidence will convince jurors suffering from the CSI effect that the defendant is innocent and they will be acquitted. There is a cyclical or ironic nature that can come about as a result of the CSI effect.

Indeed, because jurors have been so influenced by these programs, they often have a difficult time understanding why certain types of evidence have not been presented. As was previously mentioned the absence of such expected evidence could lead to acquittals. Although such occurrences have been rare thus far, there are regions of the country where the CSI Effect seems to be prevalent. According tot an article written in the Washington Post

It is not known how many cases have been affected by such crime shows in trail preparation, tactics or verdicts. But there is a growing body of anecdotal evidence, and in more than a dozen interviews, prosecutors and defense lawyers in the Washington region cited specific cases in which they believe the demand for forensic evidence influenced the outcome -- because jurors told them so after trial (Stockwell 2005)."

In the long run jurors may have a more difficult time distinguishing fact from fiction, which will inevitably change the way that police investigations and trials are handled.

Pressure placed on Labs and forensic experts from jurors suffering from the CSI Effect

Prosecutors are finding that the expectations… READ MORE

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