
TASTE
COMMENTARY
Law and the Lab
Do TV shows really affect
how juries vote? Let's look at the evidence.
BY SIMON COLE AND RACHEL
DIOSO
Friday, May 13, 2005
12:01 a.m.
The Wall Street Journal
Just when you thought it was
safe to turn off your television and get away from CBS's wildly popular
"C.S.I." series, yet another spin-off has come to life. This one is
called "The C.S.I. Effect," and it is playing in the media everywhere,
from Athens, Ga., to Lowell, Mass., from Pittsburgh to Tucson--often in
banner headlines. The peak of such attention was a recent cover story
in U.S. News & World Report titled "The C.S.I. Effect: How TV Is
Driving Jury Verdicts All Across America."
That's the storyline: Gullible juries,
fooled by television into believing their local crime labs are more
shrewd and definitive than they actually are, are handing down "not
guilty" verdicts unless prosecutors come up with fancy forensic
evidence. From Baltimore to Peoria prosecutors complain that one of the
most popular TV shows in America is preventing jurors from doing the
right thing. Joshua Marquis, the director of the National District
Attorney's Association, says: "We're hearing stories where people,
jurors will come back and say: 'There was no DNA test. I expected that.
And without that I'm not convinced.'"

The Delaware Supreme Court recently ruled that a judge should
have corrected a prosecutor who complained to a jury that the standard
for guilt was no longer "beyond a reasonable doubt" but "the TV
expectation that [criminal defendants] hope folks like you want. Can
they meet 'C.S.I.'?" (The error was ruled harmless, though, and the
conviction stood.) The most flagrant prosecutorial criticism of jurors
came from Los Angeles District Attorney Steve Cooley, who called jurors
"incredibly stupid" for acquitting the actor Robert Blake of the murder
of his wife. Mr. Cooley claimed that the jurors fell for the "C.S.I.
effect" and said that the show "does create false expectations."
Could this be true? Could a TV
show--OK, three TV shows if we count the spin-offs, not to mention
other forensic-themed series like "Crossing Jordan"--actually change
the disposition of criminal cases in the U.S.?
hat television might have an effect on
courtrooms is not implausible. As Anthony Amsterdam and Jerome Bruner
note in "Minding the Law" (2000), "judges and lawyers must inevitably
rely upon culturally shaped processes of categorizing, storytelling,
and persuasion in going about their business." TV has become our
principal storyteller, transmitting legal norms or, arguably, creating
them. It's been said that "NYPD Blue," like cop shows before it,
educated the public about its Miranda rights. Other scholars talk about
a "Perry Mason effect," which may cause juries to expect on-the-stand
confessions like the ones Raymond Burr elicited week after week.
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."
There is only anecdotal evidence. In
the media storm, prosecutors have pointed to cases (roughly 20 by our
count) in which, they believe, juries acquitted because of unreasonable
expectations for forensic evidence. But that is a thin reed on which to
rest such a broad claim. We don't even know whether the overall rate of
acquittals has gone up or down. For all we know, the jurors in such
cases have felt genuine reasonable doubt, not a "C.S.I." version of it.
Laurie Levenson, a professor at Loyola
Law School in Los Angeles, calls the Blake verdict, for example, "a
reasonable-doubt case." If Mr. Black got off when he shouldn't have,
other explanations easily come to mind: The defense team, for
instance--blessed with staggering resources compared with those of most
defendants--may have done an especially good job on behalf of its
client.
It is not even quite clear what the
"C.S.I. effect" actually is. Prosecutors claim that the show makes
juries less inclined to convict because they have inflated expectations
for the comprehensiveness, sophistication and clarity of forensic
evidence--all those threads and fibers and DNA traces left behind at
crime scenes. But the effect could work the other way, too.
Defense attorneys contend that the show
makes juries inclined to convict because it portrays forensic evidence
as unambiguous and more certain than it is. Lisa Steele, the co-chair
of the Forensic Evidence Committee for the National Association of
Criminal Defense Lawyers, suggests that "C.S.I." is "making folks less
skeptical about the potential for forensic error or fraud." Max Houck,
the director of the Forensic Science Initiative at West Virginia
University, argues that the show "incorrectly depicts forensic science
as this juggernaut of infallibility."
Media coverage gives another version of
the "C.S.I. effect," too: that the show is attracting record numbers of
college students into forensic-science programs, much as "E.R." drew
them into medicine, "L.A. Law" into law and "All the President's Men"
into journalism. Perhaps so. But in that case the true "C.S.I. effect"
is the absurdly glamorous image of crime-scene investigators as
good-looking, hard-bodied and deeply involved, day after day, in
fascinating, rewarding work. No one should choose an occupation based
on Hollywood's version of it.
"C.S.I." creator Anthony Zuiker
suggests yet another effect: that the show is educational. "People know
science now," he says. "They watch 'C.S.I.'" But experts agree that
much of the forensic science depicted on "C.S.I."--40%, according to
forensic scientist Thomas Mauriello--does not even exist. And even when
the techniques are real, the neatly perfect depictions of collecting,
processing and analyzing evidence are not.
In 2001, before "C.S.I."
became a hit, one of its executive producers called the show
"postmodernist" because "it provides a definite and final answer." But
it is real forensic evidence that is postmodern--i.e., subject to
conflicting interpretations. "C.S.I." subscribes to the idealized
stereotype of science as a form of exact, unambiguous knowledge. In
fact, science can be as messy and ambiguous as other human endeavors.
Just how this idealized image might
affect juries is not clear. Ms. Steele complains that the defendant's
version of the "C.S.I. effect" "hasn't been getting any traction in the
media." Judging by recent stories, she is right. Most coverage,
especially on TV, has discussed only one effect: inflated jury
expectations crippling prosecutors. But the coverage is over-the-top
and weakly sourced whatever its angle.
The real "C.S.I. effect" may turn out
to be caused not by "C.S.I." but by the media's coverage of it. Could
it be that the most dramatic search for evidence should begin in a
newsroom? It would make a great show.
Mr. Cole is an assistant
professor of criminology, law and society at the University of
California, Irvine. Ms. Dioso is a graduate student there.
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