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The CSI Mystique
Continued from page 23
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Q: So what, exactly, IS the CSI effect?
A: The CSI effect describes the way television drama bolsters the impression that forensic evi- dence is both more glamorous and more con- clusive than it actually is. In April 2005, a cover story in U.S. News and World Report, revealing conclusions from a study of the “CSI effect,” reported that many Americans are disappointed when encountering the real world of law and order. In particular, jurors expect that forensic evidence will be used in every case and that it will be conclusive, and these expectations may influence their understanding when performing jury service.
Due to the impact of the CSI effect, jurors may reach an erroneous decision, not because of a lack of sound evidence, but because the presen- tation of that evidence does not meet or exceed their expectations from TV. Jurors are ready to be “wowed” in the courtroom by the “who, what, when, where and why” of forensic analysis and evidence.
Q: How can attorneys and jurors mitigate the CSI effect?
A: Attorneys must take the CSI effect into account when addressing juries. Simply presenting foren- sic evidence to the jury may not be sufficient. To advocate effectively for a client, an attorney must clearly understand jurors’ expectations, whether right or wrong, and present forensic evidence in a way that will help jurors better understand the case.
Jurors must try to adjust their expectations of “real life courtroom drama” and understand that the actual use of forensic evidence is rarely as conclusive or as exciting as an hour-long televi- sion show suggests.
This “Law You Can Use” consumer legal information column was provided by the Ohio State Bar Association. It was prepared by Matthew J. Smith, Esq. of the law firm Smith, Rolfes & Skavdahl Company, L.P.A. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek the advice of a licensed attorney.
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