Public Safety Signals

CSI Related TV and the American Juror

2010 Jan 10 Posted by Laura Pettler

It was a brutal triple murder. Two young men and a woman in a house in a rural community. All three had multiple stab wounds, multiple injuries signifying a violent struggle…surely the perpetrator or perpetrators could have been injured during the assault leaving blood or other physical evidence at the scene…but nothing was found by law enforcement and the CSIs who processed the scene.

The gallery is packed full of prospective jurors as they sit anxiously awaiting for their names to be called. Some are simply anxious to be called to make their case for the Judge to excuse them. This is the case more often than not. But for the 12 who get seated in the box, the voir dire can be a perplexing process for both the prosecution and defense. Each side has six removals. That is, each side can opt to remove a potential juror for one reason or another. As the line of questioning begins by the lead prosecutor, one thing is clear, the physical evidence in this case is lacking, thus, the case is purely based on witnesses or testimonial evidence.

The prosecutor asks, “Mam do you watch CSI related television programs?” “Yes,” she responds. “And do you believe that what you see on TV is true and how it is done in the real world mam?” asks the prosecutor. “Well sure, of course,” she responds with conviction. “Ok, mam do you believe that there is forensic or physical evidence in every case like fingerprints or DNA?” the prosecutor continues. “There is always something left at every crime scene by every criminal sir,” she says, “they always find it. They can test it and that tells who did the crime sir. Everybody knows this these days. Its all DNA.”

Do you think this juror is going to sit in the jury box and wait for the DNA? “Show me the DNA!!!” Behind door number one we have…”A perfect DNA sample.” Behind door number two we have…”A perfect fingerprint left on glass.” Behind door number three we have…”Three witnesses who were incarcerated with both defendants who claim that whilst in prison for unrelated crimes, the defendants confessed the murders to them, volunteering details and motive.” Which door or doors do you think the prospective juror is going to put her money on?

This is the story of the CSI Effect and the American Juror.

I would argue that the CSI Effect has run rampant throughout American society. Recently, it was reported to me by my boss, the District Attorney, that we lost a property crimes case in District Court because the jury wanted to see the DNA in the case. The expectation of DNA in a property crimes case has been created by CSI related media. Until recently, DNA testing has been mostly reserved for violent criminal cases due to the appropriate allocation of resources towards public safety. Touch DNA has brought promise to the forefront in that some property crimes may be cleared more frequently using this new type of technology.

Interestingly, it has been my experience that most of the evidence in most cases is witness based…testimonial evidence. This is the same old evidence that has been used to exonerate and convict individuals in the United States since the beginning of our Criminal Justice System. They did not have DNA in 1950. They did not have DNA in 1960, 1970 or 1980. It was not until the latter part of the Twentieth Century that DNA became available for use in criminal cases in the United States.

I’m curious…what do you think of the CSI Effect? Does it exist? Do you see people out there wearing CSI related clothing or wanting to embark on new CSI related careers? Has any of that been spawned by the media? Is it positive or negative for our Criminal Justice System? Our Jury System? If it is positive how so? If it is negative, what should we do about it?

I look forward to hearing from you! Thanks for stopping by to read my post…Happy New Year!

January 10, 2010 | Filed under: Law enforcement, Public safety, crime, education, violence, violent crime
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