The “CSI” Effect on the Psychology of Jurors: The Challenges that Pop Culture is Bringing to the Courtroom James McGrath, JD, MPH Texas Wesleyan University School of Law
Dec 17, 2015
The “CSI” Effect on the Psychology of Jurors: The
Challenges that Pop Culture is Bringing to the Courtroom
James McGrath, JD, MPHTexas Wesleyan University School of
Law
Forensic Science
The application of a broad range of sciences
to answer legal questions
Used for both criminal and civil cases
Dates back to Aristotle
Popularized with the DNA evidence in the OJ
Simpson trial
CSI: Crime Scene Investigation
One of the most watched shows in television history
Has several spin off shows all of which are usually in the top spot in their time slot
Different from other crime dramas such as Law and Order because it follows the story more through forensics than it follows people and the court proceedings
CSI and the Courtroom
Experts have claimed an incidence of the “CSI Effect” in courtrooms– Trend in which TV shows increase the
expectations of victims’ and jury members’ concerning forensic evidence and the level of crime scene investigation
– Trials are being presented differently at trial
CSI and the Courtroom
Also from the criminal’s perspective
Increase in crime scenes where the evidence has been tampered with or completely destroyed
•Burning scenes
•Using bleach
•Vacuuming carpet and removing the vacuum cleaner
CSI and the Courtroom
Criminal Perspective: Actual CaseMurder Case in Trumbull County, OH
Mother and daughter murderedPerpetrator:
Used bleach to wash handsCovered car interior with blankets preventing transferBurned bodies, clothes, and other potential evidenceAttempted to sink remaining evidence in a lake
CSI and the Courtroom
Juror perspective– Expect to see solid physical
evidence indicating the defendant•Likely to ignore circumstantial evidence
– Always assume DNA evidence should be found at the scene•If physical evidence is found, it is now
much less likely to be questioned by jurors
CSI Effect - Many Definitions
The best-known definition states that CSI creates unreasonable expectations on the part of jurors, making it more difficult for prosecutors to obtain convictions.
The second definition, which runs contrary to the first, refers to the way that CSI raises the stature of scientific evidence to virtual infallibility, thus making scientific evidence impenetrable.
The final definition focuses on CSI's increasing lay interest in forensics and science. Thus, viewers who serve as jurors will be more interested in and able to follow scientific evidence. They may even become interested in academic training and careers in the forensics field.
Baltimore Case
"I've seen a big change in jurors and what they expect over the last five years," defense attorney Joseph Levin of Atlantic City, N.J., told a local newspaper. "Jurors can ask questions of the judge while in deliberations, and they're asking about what they see as missing evidence. They want to know where the fingerprints are or the DNA. If it's not there, they want to know why."
Robert Blake CaseQuote from juror “I would have liked more
of the kind of evidence I have seen in
the cases on ‘CSI’, I just expected more”
Jurors dismissed circumstantial
evidence
More often than not, there is little
physical evidence linking defendant
directly to the crime
Media Influence. Real?
Nation of ViewersStudies:
Views on Crime“Reality” Court ShowsCultivation TheoryPretrial Publicity
Forensic evidence
Typewriter stolen from frat house
Body found in culvertBlood in carBlood on hammerLeopold’s glasses
The confessions
After finding Leopold’s glasses, both boys are taken into custody.
They have alibis, but the alibis weaken and they tell the truth.
Both are arrested, plead “not guilty” and are to be tried together.
Clarence DarrowAmerica’s best defense
attorneyWell read, well likedVery anti-death penalty
Darrow walked in and plead “guilty.”
The Alienists were called in to testify about their mental well being.
Darrow’s closing argument took 12 hours, and at the end the judge and 2 jury members were in tears
Sentencing
They were sentenced to 99 years.The were sent to the Joliet
Penitentiary.Their prison home was “countryclub-
esque”Loeb was murdered in the shower.Leopold taught other inmates to read,
sets up library, volunteers, etc. Released 30 years later.
In a survey of the 500 people in the jury pool, the defense found that about 70% were viewers of CBS' CSI or similar shows such as Court TV's Forensic Files or NBC's Law & Order
In Baltimore for example – less than 10% of homicide cases in the state attorney general’s office in 2004 involved fingerprint or DNA evidence. Evidence more likely to be circumstantial or reliant on eyewitnesses.
CSI
• Myth 1: Laboratory Personnel can examine evidence as soon as it gets to the lab
• Usually takes months before time permits an examination of the evidence due to back logs and quality control procedures
CSI
• Myth 2: One person can examine all types of evidence
• There are few ‘generalists’ in today’s forensics
• The expertise required for each section of forensics sometimes requires one piece of evidence to be examined by more than one individual
CSI• Myth 3: Fingerprints susceptible to
testing and identification are always found
• Finding identifiable fingerprints that can be collected and are of a high enough quality to do an automated search are rare
• Normally fingerprint comparison must be done by ‘hand’
CSI• Myth 4: Testing for drugs and
chemicals in blood is quick and easy• Numerous drugs, botanicals,
chemicals that can be presented at any given crime scene
• Numerous instruments to identify these various compounds
• Process often takes weeks or months to complete
CSIMyth 5: The cooperative crime scene• The ‘perfect’ evidence is rarely there• Technology has greatly improved
evidence collection but no technological advancements can find nonexistent evidence
• Time between occurrence and discovery of the crime is the biggest factor
CSIMyth 6: The fully equipped crime lab• TV forensic labs are always fully
equipped with the most up to date technology
• Even the labs with the largest budgets cannot afford to have the same lab quality as the labs on TV dramas
• Shortages occur with building space, funds, equipment and proficient personnel
CSIMyth 7: Use and availability of some
sensors• Some of the sensors used are actually
prototypes still in the developmental stages and are not on the market yet
• The accuracy and power of some sensors has been enhanced beyond what they are currently capable of detecting
CSI Website
Acknowledges some errors . . .
Good evening. I'm sorry I don't know the name of the episode but it is the one where the paraglider falls to his death. Anyway, on the part where Marg Helgenberger investigates the guy shot with the .50 cal gun. When she approached the body she said the injury was through and through. There is no way to know that without turning the body over. Also, that entry wound was NOT that large. By the way, I am a general surgeon and I have treated a lot of gunshot wounds. Thank you and good night. Alan W, MD
When Grissom mentions on one episode that "Peter Parker was bitten by a radioactive spider back in the fifties" he was wrong. The first issue of any comic book to feature Spider-man was "Amazing Fantasy #15" which came out in 1963. Hayward Simpson.
Another Effect:Increased Public
Awareness of Forensics Some people now look forward to
jury dutyBetter sense of investigationsPopularized investigatory science
programsShifting demographics in forensics
field
Actual Studies
Two studiesNot terribly well designed (IMHO)Do not show the complained of
effectIf anything, point to the opposite
effect
Efforts to Minimize Potential Effects
In Arizona, Illinois and California, prosecutors now use "negative evidence witnesses" to try to assure jurors that it is not unusual for real crime-scene investigators to fail to find DNA, fingerprints and other evidence at crime scenes.
In Massachusetts, prosecutors have begun to ask judges for permission to question prospective jurors about their TV-watching habits. Several states already allow that.