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!

Does the U.S. drug appetite fuel illegal gun trafficking across the border?

Are we winning the war on drugs? Opinions seem to be varied. Some suggest that it may be time for a new direction or a new strategy?

I applaud our public safety and law enforcement officers for their part in a heroic task as they put their lives on the line in keeping our communities safe. This is no easy task and one fraught with danger and personal risk.

Take care,
Charles

Is your role one of public service? How do you see public service evolving, especially in light of the Serve America Act recently passed into law?

It was a very exciting time to speak with the chiefs and to learn about their progress and innovation in the field. I also spoke with a good number of chiefs who are definitely interested in pursuing their next degree.

We had one of our PhD alum stop by from Texas and another chief, from the Boston area, currently in our criminal justice and leadership area stopped by to say hello as well.

If you were in San Diego please drop me a line to say hello. Sorry that we missed each other.

To my law enforcement, emergency management and public safety colleagues I look forward to a reunion again in 2009 in the Rocky Mountain area!

Charles

Important Note:

Greetings to our military members and veterans. Capella had a special recognition in honor of Veteran’s Day at the IACP. I also was honored to witness a celebration ceremony of the 233rd birthday of the Marine Corp, an event held within the IACP exhibit area.

My best wishes of gratitude to all military members (Army, Navy, Air Force, Marines, and Coast Guard – active and reserve forces) for your service!

In the aftermath of Ike, over 2.2 million homes were left without power; most of these homes lacked running water. One week later, over 1.4 million still lack power and approximately 700,000 do not have water. While loss of life is minimal (at the time of this writing, only 55 are confirmed dead as a result of the hurricane), the economic and public safety impacts are beyond comprehension. The devastation has been seen from the “money shot” media perspective nationwide. I would encourage each of you to see the local pictures, taken by Houstonians and Galvestonians for the real story of community survival and cooperation.

Yes, there have been issues with FEMA distribution of supplies, and local governments appear to be caught between FEMA and the people, and issues with power restoration continue; but given this storm roared into Galveston with the impact of Katrina, few are complaining.  While whole communities were obliterated, many other coastal communities (as well as some inland communities) suffered immeasurable loss, spirits remain high. And yes, there have been approximately 80 arrests for looting (out of 5 million residents); but Houston and Galveston have shown in this crisis the wherewithal to stand together.

Police and public safety personnel have been on the streets in full force for a week with no sign of taking days off. But more importantly, the Harris County CERT teams (honored at the White House a mere three days before Ike hit), volunteers from the Red Cross and the Scouts, businesses, and neighborhood groups have all pitched in to assist public safety officials to get these cities and communities back to full force.  The people are working together, government officials are doing their best given the federal bureaucracy, and the local energy provider is working 24/7 to get power back by the end of the month to ALL residents. It is a Herculean task; but while many remain in the dark at night, the city of Houston and the 60 other communities impacted are beginning to re-open.  

It may be weeks before Galveston can welcome residents back and a year before tourism returns, but in the enduring Spirit of Texas, its public safety personnel, and its people will rebuild the area together. As the first seven days comes to a close, I am proud to count myself as part of the brother and sisterhood of dedicated professionals who, working with citizens from all walks of life, continues to ensure that food, ice, and water are distributed to those in need. I am proud to live in a community that can work together without regard for the individual, but with the betterment of the community in mind, to rebuild what nature has destroyed. I believe that FEMA can learn many lessons from Houstonians and Galvestonians; from our determination to thrive, our perseverance in times of hardship, and, our no-nonsense and unconventional means  of cutting through red tape when people are in need.   (Note the second paragraph of this story. A County Judge is the highest ranking County official in Texas; and Emmitt is the County Judge for Harris County.)

Why is it that FEMA , with many hurricane’s under its belt, can not seem to pull a disaster plan together quickly? Is politics to blame, and should FEMA become an independent agency without direct political ties to the White House and Congress? Should block grants be given to states for disaster relief and eliminate FEMA entirely? As the days, weeks, and months progress, the answer to these questions must be addressed.