Lawyers Notice "CSI Effect" Influencing Cases
Some people drink. Some people gamble. And some of us, who don't have the tolerance or money or energy to go out after work, watch TV. With the selection of crime dramas available on the airwaves these days, you hardly need to go out to experience excitement on a daily basis. But could all these criminal thrillers be affecting our nation's legal system? Turns out, most prosecutors think so.
The Albany Times-Union reports that many prosecuting attorneys believe that the phenomenon they're calling the "CSI Effect" after the Crime Scene Investigation shows, is changing the way juries decide criminal trials. And they don't like that change.
Apparently, shows like CSI and its spinoffs, Without a Trace, Cold Case, Law &Order et al, NCIS, and Criminal Minds lead audiences to believe that techniques like fingerprinting and DNA testing are quick, easy, and infallible. Nearly every episode of these programs involves some high-tech crime solving method that proves conclusively who committed the crime. And viewers like that.
But, according to the Times-Union, many lawyers have found that juries today react to evidence differently than they did thirty years ago. For example, one attorney has reportedly said that the sort of blood-type match that wowed jurors in the 1970s would leave them wanting more certain proof-like DNA-today. But it's not always available.
Sources say that more than one attorney has noticed this shift in juror expectations-in an FSU study, two-thirds of defense attorneys and 100% of prosecuting attorneys claimed to notice that the CSI Effect was making criminals harder to convict.
One judge has reportedly said that proof "beyond a reasonable doubt" is no longer necessary to convict someone-proof beyond all doubt is the new standard.
Unfortunately, the shows' gritty real-life portrayal of crime leads many to believe that their crime-fighting techniques are realistic as well. But that's not the case. Reports indicate that much of the technology used on television is wildly exaggerated, if not completely made up. DNA results can be months in the processing, and few cases are solved by using fingerprints, reports the Times-Union.
In Albuquerque, the Police Department decided to take steps to combat this trend. Forensic Science magazine reports on the 25-person, 10-week courses offered by the APD for citizens who wish to learn more about real-life crime scene investigating.
The waiting list for the free course has reportedly reached 1,000 names-Albuquerque residents are apparently eager to learn from specialists all about DNA evidence, fingerprinting, and forensics.
And don't worry about would-be criminals taking careful notes at each session: before the class begins, the Police Department conducts background checks on all applicants, Forensic Science explains. And besides, the class reportedly includes no information that is not already available to the general public.
Interestingly, investigators and attorneys have allegedly noticed that criminals, too, are susceptible to the CSI Effect. In some cases where the perpetrator admits to being a CSI fan, evidence of attempts to "clean up" crime scenes has reportedly been found.
But the most important thing to remember about shows like CSI and Law & Order is that they're fictional. The Times-Union article mentions that CSI recently won an award given to shows that depict "horror, fiction and fantasy." So we should use the TV for entertainment, not for learning about forensic science.
