Written for a law firm client with three different areas of practice. Blog content alternated family law, financial law, and criminal law.
Crime
investigations on television are presented as neatly solvable by good-looking
people with the right tools, the right mood lighting and a really good montage.
The abundance of procedural dramas such as “CSI”, “NCIS” or “Bones” have been
cited as causing bumps in actual criminal prosecutions as jurors have begun to
expect conclusive and irrefutable physical evidence at trials. It’s been called
“The CSI Effect” and may or may not be influencing how jurors treat evidence,
make decisions and ultimately bring judgments on criminal defendants. Evan
Durnal of the University of Central Missouri, Criminal Justice Department, has
compiled a few erroneous assumptions for the Journal of Forensic Science
International.
He
details how much of what is seen on television can be misleading or inaccurate
stating, “With this new style of ‘infotainment’, comes an increasingly blurred
line between the hard facts of reality and the soft, quick solutions of
entertainment.”
-Much
of the science shown in these shows doesn’t exist or is greatly exaggerated.
There is no one miraculous database that can immediately identify soil or paint
samples, hair dye or just what goes into Kentucky Fried Chicken. There are huge
databases for DNA and fingerprints but other examples of such universal
databases are rare. DNA or other biological or physical evidence is delicate,
must be prepared before analysis and results are rarely as conclusive as on TV.
-On
TV, forensic scientists have multiple roles including chasing suspects and driving
really fast. They also seem to have knowledge on all aspects of evidence
analysis from ballistics to DNA to how long a fly will sit on a corpse until it
gets tired. In our real world they specialize in a single discipline and most
always stick around the lab. They don’t visit crime scenes, arrest suspects and
most of all do not carry guns.
-Unfortunately
jurors these days expect to hear about buckets of evidence, analysis and
inescapable conclusions. The perpetrator always leaves an evidence trail and
it’s only a matter of following it to the literal smoking gun. The reality is
that sometimes there just isn’t enough physical evidence to solve the case
alone. Rarely does a case rest solely on physical evidence, there will be a
combination of old fashioned detective work, good legal skills and forensic
information.
Wouldn’t
it be nice to solve a crime in 60 minutes? Think of all the extra time law
enforcement would have to stop speeders, jaywalkers or rude people. In TV land
DNA or other evidence results are delivered literally overnight or by the time
the detectives return from the crime scene. They’re always incontrovertible,
done right the first time and detailed. “Mrs. Peacock in the conservatory with
the candlestick” is heard in the precinct. Most law enforcement departments are
understaffed, overworked and rarely does evidence materialize by the next
commercial.
There
may or may not be a “CSI Effect” but its always in your best interest to have
an experienced attorney on your side if you’re involved in any sort of criminal
activity. Guilt or innocence aside, the attorneys at Fletcher, Rohrbaugh and
Chahine can advise you of your rights, explain your options and help your
comprehend the legal system and how it affects you. We’ll help you make the best
choices and represent you in the best possible fashion.
