Essay on CSI Effect - Arguments Why it is not Real

While there are those who say that the CSI Effects is real there are those who say that it is actually fiction.  Not everyone agrees that three television shows could actually change the manner by which cases are decided in the United States.  Some believe that saying that television shows could change the world is far from reality.

That television has an effect on courtrooms is not disputed.  The television has been one of the most powerful medium of information not only in the United States but in the world.  It has been instrumental in assisting the education of the public.  For instance, the NYPD Blue has been instrumental in educating the public about the Miranda rights.  The Miranda rights refer to the right of the persons who are being arrested to be informed about their right to be silent.

However, there is simply no direct evidence that can conclusively prove that the three CSI television series could actually increase the number of acquittals in criminal cases.  According to Simon Cole and Rachel Dioso (2005), “But to argue that "C.S.I." and similar shows are actually raising the number of acquittals is a staggering claim, and the remarkable thing is that, speaking forensically, there is not a shred of evidence to back it up. There is a robust field of research on jury decision-making but no study finding any "C.S.I. effect." (p.1)

As stated earlier, it is very difficult to establish the extent of the influence of a television show on the mind of the jury.  First, the jurors are precisely chosen because there is a perception that these individuals are known for probity and independence within the community.  They are people who are educated and are supposed to be intelligent.  To say that they are influenced by a television show which is more like a science fiction rather than a real science is preposterous.  Moreover, even if the jurors are actually influenced by televisions it would be difficult to determine whether the television show played a key role in the disposition of the criminal case.

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Essay on CSI Effect - Investigating Whether it is Real

Whether or not the CSI effect is real is a matter that is very difficult to prove.  The influence of the CSI on the minds of the jurors as they deliberate on their verdict in a criminal case is very subjective.  Determining whether the television series actually influences disposition of the cases in the criminal justice system is actually more difficult to prove.  Perhaps, no juror would openly admit that he compares the practices in the CSI and the practices in real-life investigations.  No juror would also admit that he expects the real-life investigators to follow the same procedures being practiced in the CSI.  However, there are certain indicators that can be used to establish that the CSI effect is real.  Some say that these indicators are convincingly enough to establish that the CSI has an effect on the mind of the jurors in the deliberation of the case.

One of the peculiarities in the American legal system, juries are classified as petite or grand (Jeffrey Heinrick, 2006, p. 59).  A petite jury has at least 6 jurors who sit in cases involving misdemeanor.  A grand jury has 12 jurors and deal with offenses involving felonies.

Another peculiarity of the American legal system is the concept known as the plea bargaining.  Plea bargaining is essentially an agreement between the prosecutor and the accused in which the accused pleads guilty in exchange for a lesser sentence or a reduced charge.  It is a recognized procedure and practice in the criminal justice system which aims to reduce the clogging of cases in court.  Cases which are plea bargained never reach the jury for deliberation.  According to statistics, it is estimated that almost 94 percent of all federal-court felony convictions were by guilty plea (Albert W. Alschuler, 2002, p.1).

In a number of cases that are not plea bargained, the jury plays a very important role since it hands down the verdict based on the evidence presented by the prosecution and the defense.  Oftentimes the verdict of the prosecution depends not on the strength of the evidence of the prosecution or the defense but on the manner by which the jury appreciates the evidence presented before them.  In situations where the case could go either way because the evidence is not conclusive enough to make a case for or against the accused, which is often the case in many criminal cases, the jury relies on its instinct in making its decision.  In these situations, the jury often relies on “what they know and feel comfortable with – evidentiary procedures they have viewed on television” ((Jeffrey Heinrick, 2006, p. 59).

The CSI effect played a key role in the case of Robert Blake.  In 2005, Robert Blake was acquitted by the jury for the murder of Bonny Lee Bakley his wife and the mother of his daughter.  It appeared that that Bonny Lee Bakley was shot in the head on May 4, 2001 while she was inside Blake’s car which was in front of an Italian restaurant.  The prosecution thought that they had a strong case against Robert Blake as against Blake’s alibi saying that he went back to the restaurant to get his gun (Jeffrey Heinrick, 2006, p.59).  The prosecution was also able to get two stuntmen who testified that Blake had talked to them about killing his wife.  Though the prosecution believed that they lacked physical evidence to back their case, the testimonial evidence of the two stuntmen compensated for the lack of physical evidence.

One of the jurors, Thomas Nicholson, however, criticized the weak evidence of the prosecution saying that there was no gun shot residue, no blood on the clothing. (Liza Sweetingham, 2005, p.1)  Lori Moore, another member of the jury, said that “we just didn’t have enough evidence to say whether or not he did it. (Liza Sweetingham, 2005, p.1) After the case was decided, the prosecutor even went public to criticize the jury for their incompetence.  He even intimated that the CSI effect was responsible for Blake’s acquittal.

Liza Sweetingham stated that the CSI and the awareness of the advances in science and technology have led the jurors to expect more evidence from the prosecution.  In order to convict they no longer want the evidence to be sufficient to establish proof beyond reasonable doubt.  Rather, these expectations are stretching the standard of proof to beyond all doubt.  In the case of Blake, one of the jurors even thought that it was possible to lift and take multiple fingerprints off a given object and determine its source.  This belief was regardless of the expert witnesses presented by the prosecution to establish how difficult it was to lift prints.

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Essay on CSI Effect - What is CSI Effect?

Crime Scene Investigation, which is also known as the CSI:  Las Vegas, is a crime drama television series in the United States that premiered on CBS last October 6, 2000.  It was created by Anthony E. Zuiker and produced by Jerry Bruckheimer.  It shows the conduct of investigations by a team of forensic scientists who attempt to unravel the circumstances behind mysterious and puzzling deaths and crimes committed within Las Vegas,Nevada.

The television series was a success according Nielsen Ratings as it ranked number one in June 2005 with an average viewership of 16 million a night (“CSI: Crime Scene Investigation” p.1).   The season finale in 2004-2005 was also watched by over 40 million viewers earning it a distinction as one of the most watched television series in history (“CSI: Crime Scene Investigation” p.1).  Because of the monumental success of the CSI, CBS started to produce their own franchise Such as the CSI: Miami and CSI: New York, which are set in  Miami,Florida and New York City, respectively.

As the titles indicate, these shows portray the process of gathering and analyzing forensic evidence found in crime scenes in order to solve crimes.  According to Audrey Lee (2007), “CSI revolves around the Las Vegas Police Department’s Crime Scene Investigation team who use forensic techniques to met out justice on criminals.” Through the use of state of the art technologies and techniques, CSI has captured the heart and mind of the public.

Nevertheless, while the shows apparently claim to be based on science, they are far from being scientific.  From the standpoint of a real forensic scientist, the techniques and methods used in gathering and analyzing forensic evidence are based on fiction rather than true investigative forensic (Tom R. Tyler, p.1052).

Robert Willing stated that some of the science being shown on the screen is state of the art.  Laboratory technicians can lift DNA from cigarette butts, candy wrappers and spit.  However, there are some techniques which are fictional.  For instance, technicians do not pour caulk into knife wounds to make a cast of the weapon as it is not possible to use the same technique on soft tissue.  As of this time, there is also no technology that can determine the cologne from scents found on the clothing.

Despite the fictional representation of forensic science in the television series, CSI has become the center of attention for the mass media.  Particularly, the magazines and the newspapers say the television series as a CSI effect on the people who are its avid viewers and watchers.  Dr. Max Houck said that the CSI effect refers to the perception that the television series has created among its viewers about the infallibility of forensic science in solving crimes (Paul Rincon, 2005, p.1).  According to Paul Rincon, because of the success of CSI in television the people have developed an unrealistic expectation of forensic science.  He said these unrealistic expectations have an impact in the criminal justice system.  He said that one of the evidence of the CSI effect is the increase in the number of evidence being submitted to forensic labs for examination.  Dr. Houck adds that as of 2005 there was an estimated backlog of 200,000 to 300,000 DNA samples in US labs (Paul Rincon, 2005, p.1).

According to Dr. Patricia Mcfeeley, a forensic pathologist, the television series has affected the families of victims who have become dissatisfied with the process of criminal investigation (Paul Rincon, 2005, p.1).  Most of them compare the delivery of the toxicology results in the television series with the delivery in actual laboratories.  They get frustrated when they find out that the toxicology results actually take several months to complete.

In addition, Dr. Houck stated that the CSI has also affected the perception among jurors as they demand that every piece of evidence found in the crime scene to be tested in laboratories (Paul Rincon, 2005, p.1).  Dr. Houck explained that in real-life investigation not all evidence needs to be tested.

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