CSI Effect

The "CSI Effect" (sometimes referred to as the "CSI syndrome") is a reference to the phenomenon of popular television shows such as the "CSI" franchise raising crime victims' and jury members' real-world expectations of forensic science, especially crime scene investigation and DNA testing.N. J. Schweitzer and Michael J. Saks [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=967706 The "CSI" Effect: Popular Fiction About Forensic Science Affects Public Expectations About Real Forensic Science.] [http://www.law.asu.edu/jurimetrics "Jurimetrics"] , Spring 2007] Much of these concerns stem from the "dramatic license" taken by the writers of forensic science television--glamorizing the field, overstating the accuracy of forensic techniques, and exaggerating the abilities of forensic science--and from the extension of pop images past the realm of entertainment programming and into that of news reporting and the general criminological dialogue.Justis, Gregory G. (2006). Images of Legitimacy: Presentation of Forensics Programming in Contemporary News Publications. Michigan State University] [Simon Cole and Rachel Dioso-Villa [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1023258 CSI and its Effects: Media, Juries and the Burden of Proof] New England Law Review, Vol 41, No. 3, 2007.] The CSI effect is purported to skew public perceptions of "real-world" forensic science, as well as the behavior of criminal justice system actors; this is of particular concern in the courtroom setting, where many prosecutors feel pressured to deliver more forensic evidence. [cite news|url=http://works.bepress.com/cgi/viewcontent.cgi?article=1000&context=michael_mann|title=The 'CSI Effect': Better Jurors through Television and Science?|publisher=Buffalo Public Interest Law Journal|author=Mann, Michael D.|date=2006] Donald E. Sheldon, Young S. Kim and Gregg Barak [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=958224 A Study of Juror Expectations and Demands Concerning Scientific Evidence: Does the 'CSI Effect' Exist?] "Vanderbilt Journal of Entertainment & Technology Law"]

Manifestations of the CSI Effect

Influence on jurors

Although speculation as to the validity of the "CSI" effect abounds, [See, e.g., news media articles from [http://www.cbsnews.com/stories/2005/03/21/earlyshow/main681949.shtml CBS News] , [http://www.usatoday.com/news/nation/2004-08-05-csi-effect_x.htm USAToday] , and [http://news.bbc.co.uk/1/hi/sci/tech/4284335.stm The BBC] that speculate as to the existence of the CSI effect without providing actual evidence.] researchers have only recently begun studying the effect of "CSI" on juror behavior.Tom R. Tyler [http://www.yalelawjournal.org/pdf/115-5/Tyler.pdf Viewing CSI and the Threshold of Guilt: Managing Truth and Justice in Reality and Fiction] Yale Law Journal, 2006] One empirical study of the "CSI" effect" suggests that viewers of "CSI" and other forensic science shows are more critical of forensic science testimony and less persuaded by it; however, these same differences were not found for viewers of "Law & Order" (and other "general crime" shows), which implies that the "CSI" effect" is limited to those who watch specifically forensic-science shows.N. J. Schweitzer and Michael J. Saks [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=967706 The "CSI" Effect: Popular Fiction About Forensic Science Affects Public Expectations About Real Forensic Science.] [http://www.law.asu.edu/jurimetrics "Jurimetrics"] , Spring 2007] Another study surveyed potential jurors and failed to find a link between "CSI" viewing and whether the jurors would "demand scientific evidence" in order for them to convict a defendant.Donald E. Sheldon, Young S. Kim and Gregg Barak [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=958224 A Study of Juror Expectations and Demands Concerning Scientific Evidence: Does the 'CSI Effect' Exist?] "Vanderbilt Journal of Entertainment & Technology Law"] A third study examined mock jurors' impressions of a criminal trial and found that "CSI" viewers' verdicts were not significantly different from non-viewers.Kimberlianne Podlas [http://law.fordham.edu/publications/articles/200flspub5906.pdf The C.S.I. Effect: Exposing the Media Myth] Fordham Intellectual Property, Media and Entertainment Law Journal, 2006]

People who overestimate the reality-basis of shows such as ' may develop unreasonable expectations of actual forensic practitioners. Although the technologies lauded on these fictional programs are found in real crime labs, they often require much more time and deliver answers more equivocal in real life than on television. Analysts worry that people will come to believe that real criminalist science has become as swift and certain as we have always wished justice to be. DNA evidence in particular is expected more and more by jurors whether it is relevant or not in a given case. Some potential jurors find themselves, during "voir dire", being asked whether they are viewers of shows such as '.

For a recent Delaware Superior Court case taking judicial notice of the "CSI Effect" and deeming various inconclusive test results and other evidence admissible in order to mitigate the "CSI Effect," see State v. Cooke, 914 A.2d 1078. While the court accepted the argument that the inconclusive evidence was relevant, it did not accept some of this inconclusive evidence that would not have passed the Daubert standard of reliability.

Influence on the criminal mind

The "CSI effect" may also be altering how crimes are committed. Tammy Klein, a criminalist for the Los Angeles County Sheriff's Department, and other criminal experts have noticed an increase in criminal cases in which suspects burn or tamper with evidence (e.g. using bleach to destroy DNA evidence), or attempt to carefully clean the crime scene of trace evidence such as hairs and clothing fibers. For example, critics cite a particular murder case in Trumbull County, Ohio. The prime suspect in this case, described as a "CSI" fan, murdered a mother and daughter. He then used bleach to wash his hands of blood and covered the interior of his car with blankets to avoid transferring blood as he transported the corpses, which he then burned along with his clothes and cigarette butts (which he feared would yield trace amounts of his DNA). He attempted to throw the remaining evidence into a local lake, including the murder weapon, a crowbar, but was unable to dispose of the evidence due to the lake's surface being frozen. The surviving evidence was later recovered by investigators and the suspect arrested. [cite news|url=http://www.findarticles.com/p/articles/mi_qn4155/is_20060131/ai_n16030038|title='CSI' makes it tougher on crime fighters at scene, in court|publisher=Chicago Sun-Times|author=Milicia, Joe|date=January 31, 2006|accessdate=2006-12-31]

A more optimistic view of the CSI effect would suggest that these programs send criminals the message that no matter how much they try to cover up their crimes, forensic scientists can track them down. (As Delko said on the February 6, 2006 episode of the "" spinoff, "Criminals only clear away what they can see.") Criminals who try to clean up a scene risk leaving evidence of the clean-up itself which may be traced back to them. Other crime shows—"Diagnosis Murder", for instance—feature episodes in which doctors and police themselves use the access they have to information to commit crimes in ways that are difficult to detect. Indeed, even a century before DNA evidence came into prominence, Arthur Conan Doyle's Sherlock Holmes once remarked, "When a doctor does go wrong he is the first of criminals." [, Sir Arthur Conan Doyle]

Influence on forensic science training programs

Academia is also said to feel this effect. Universities have seen an increase in students enrolling in forensic science and related science programs. There has been criticism from police departments that, in an effort to increase their student numbers, universities have been offering unsuitable courses, leaving graduates unprepared for real-world forensic work. [ [http://news.bbc.co.uk/1/hi/wales/3307089.stm Police Chief Criticizes Forensic Courses] ,BBC News] The traditional academic route followed by a would-be forensic scientist has been to pursue a primary (bachelor's) degree in a general-science subject such as chemistry or biology, followed by a suitable postgraduate course or some type of in-service training. In 2003, the American Academy of Forensic Sciences promulgated accreditation standards for forensic science educational programs through its Forensic Science Educational Program Accreditation Commission (FEPAC), [ [http://www.aafs.org/default.asp?section_id=aafs&page_id=committees&subpage_id=fepac Forensic Science Program Accreditation Committee] , American Academy of Forensic Sciences] based on recommendations from the US National Institute of Justice. [ [http://www.aafs.org/pdf/NIJReport.pdf Education and Training in Forensic Science] , National Institute of Justice]

Highly publicized trials such as those of Scott Peterson, Robert Blake and O.J. Simpson have also drawn many people into forensics. Basic-cable TV networks like Court TV, Discovery Channel and A&E also carry many programs depicting forensic investigations of actual cases, such as "Forensic Files", "Cold Case Files", "", "The New Detectives", and "American Justice".

ee also

* Perfect crime

References