The CSI Effect What is a Prosecutor to do?

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1/13/2006

“The CSI Effect…

What is a Prosecutor to do?

Randy Secontine Randy Secontine

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Mayberry RFD

Hill Street Blues

Matlock

NYPD Blue Dragnet

Quincy CHIPS _{LA Law} Miami Vice Television

Reality

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“Reality”

Television

CSI Miami The Practice

CSI CSI New York

Law & Order

CSI Las Vegas

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CSI Miami

The Practice

CSI CSI New York

Law & Order

Reality

Television

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How Popular Are These Shows?

**

1. Dancing w/ the Stars 2. NBA Finals Game 7

3. CSI: Crime Scene Invest. 4. CSI: Miami

5. NBA Finals Game 4

6. Without a Trace

7. NBA Finals Game 3 8. Two and a Half Men

9. (movie) Twelve Mile Rd.

10. Law & Order 11. NCIS

Nielson Media Research for June 13-19, ’05

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53.5 million viewers!!

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Is This The Perfect Storm In Criminal Justice?

•

• Backlogged Crime LabsBacklogged Crime Labs •

• Shrinking Police Budgets Resulting Shrinking Police Budgets Resulting in Under Staffing on the Street

in Under Staffing on the Street

•

• Overly Tolerant ProsecutorsOverly Tolerant Prosecutors •

• Advances in Forensic Science Advances in Forensic Science

Investigative Techniques that

Make the Impossible Seem

Possible

•

• “Innocence Project”“Innocence Project” •

• TV Shows Like CSI making fiction TV Shows Like CSI making fiction seem like fact

seem like fact

•

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What is the CSI Effect?

“What’s happening is [that] everyday people are

watching the TV show and they think they’re

being

educated

as well as

entertained

...

When

they are a member of a real case,

they think they

have knowledge of the scientific progress

.

They

think the police didn’t do their job because they

didn’t find a fingerprint. We’re polluting the jury

pools.”

(emphasis added)(emphasis added)

Thomas Mauriello

,

Forensic Scientist, Adjunct Professor @ U of Maryland at CollegeForensic Scientist, Adjunct Professor @ U of Maryland at CollegePark , as Park , as quoted in The Washington Times and on

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Prosecutors Are Not Alone...

“It is becoming known as the “CSI effect”

--

a

syndrome that renders judges, juries and the

public

incapable of accepting a defendant’s

innocence

unless he has DNA on his side.”

(emphasis added)

Article by

Article by Kirk MakinKirk Makin, Toronto Globe & Mail, Toronto Globe & Mail, ,

Nov. 22, ‘04 posted on the web

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How Prevalent Is the CSI Effect?

• 634,000 hits on Google Search (8/4/05)

• Feature Stories by Wall Street Journal, USA Today, CBS News, BBC & more…

• FBI Created a 2 Hour Training Video “The CSI Effect- Fact or Fiction?”

• Maricopa County (Arizona) Attorney’s Office Researched, Wrote & Distributed …

“CSI: Maricopa County

The CSI Effect and its Real-Life Impact on Justice”

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What was the Result of the Study?

“Maricopa County prosecutors will soon, by office policy, be

directed formally to fully address the techniques used by

defense attorneys who use the CSI Effect to sway juries.

This will involve countering the CSI Effect through voir This will involve countering the CSI Effect through voir dire, opening and closing arguments, and presentation of dire, opening and closing arguments, and presentation of

other evidence and testimony. By properly countering the other evidence and testimony. By properly countering the defense tactics of questioning the work of investigators or defense tactics of questioning the work of investigators or pointing out the absence of forensic evidence, prosecutors pointing out the absence of forensic evidence, prosecutors

will help to restore greater balance to the criminal justice will help to restore greater balance to the criminal justice

system.”

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Areas Subject to “CSI Effect”

Not an Exhaustive List!

• Alcohol Testing/Toxicology

(extrapolations, need for DataMaster, etc

• In-Car Cameras

• Recorded Interrogations

• Fingerprints

• Serology Evidence

(blood, semen, saliva, etc)

• Trace Evidence

(hair, fiber, etc)

• DNA

(timing, testing, & technology)

• Narcotics

• Questioned Documents

• Sexual Assault Kits

• Blood Spatter

• Eyewitness Testimony

• Event Data Recorder

(EDR, aka “Black Box”)

• Impressions (tire, tools, etc)

• Firearms (gunshot residue, distance determinations, etc.)

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CSI Effect in the Real World

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Maryland v. Pringle 540 US 366 124 S. Ct. 795 (2003) 1 3 2

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Detroit News Article (August 7, 2005)

“

Once the doors close, what matters is the case before

you, not what you know from ‘Law & Order”

•3:30 am stop for “swerving”

•D admitted to drinking 4-5 beers, PLUS 2 gin and tonics

•Alcohol on D’s breath •D failed FSTs

(counting backwards & standing on 1 foot)

•D was lost…headed in wrong direction •D admitted… “I really fucked up”

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Defense Attacks

•

• Absence of “mysterious” state inspector that Absence of “mysterious” state inspector that certified DataMaster

certified DataMaster •

• Officer impeached by DataMaster instructionsOfficer impeached by DataMaster instructions •

• Arresting agency used tap water to clean Arresting agency used tap water to clean

DataMaster…not advised distilled water DataMaster…not advised distilled water •

• FSTs were done late at night, in very cold & FSTs were done late at night, in very cold & snowy conditions. Poor performance not snowy conditions. Poor performance not

surprising surprising •

• “Vast resources of the State”“Vast resources of the State” •

• Argued rate the alcohol metabolized over 8Argued rate the alcohol metabolized over 8--9 hours9 hours

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Real Life Impact

Facts

– Arizona Dept. of Corrections found a dirty syringe in a cell w/ a note signed by “Jimbo”

– During investigation, officers tracked down “Jimbo”

• Defendant had a fresh red needle mark on the arm • Defendant admitted the needle was his

Verdict

– Not Guilty

– Why? Jurors emphasized…

• No DNA Evidence • No Fingerprints

• No Handwriting Analysis

• No Blood Testing of Defendant

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Are There Any Benefits from CSI Effect?

•

• More Demanding ProsecutorsMore Demanding Prosecutors

•

• More Educated OfficersMore Educated Officers

•

• More Complete InvestigationsMore Complete Investigations

•

• More Enthusiastic JurorsMore Enthusiastic Jurors

•

• Easier to Present Scientific Evidence Easier to Present Scientific Evidence Due to Jurors’ Familiarity

Due to Jurors’ Familiarity

•

• More Students Pursuing Forensic More Students Pursuing Forensic Science as a Career

Science as a Career

•

• Law Enforcement Community‘s Law Enforcement Community‘s Increased Demands Will Drive

Increased Demands Will Drive

Private Sector Tech Companies to

Develop New Technologies For

the Future

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Know Your Enemy!

“That only happens on TV!”

-Fingerprints off water -Dating of fingerprints -Squirting calk into a

knife wound to make a cast of the weapon

CSI Effect

“Can’t be Done”

“Can be Done”, but Wasn’t

AKA, Incomplete Investigation

-No Fingerprints

-No Videotape of Interrogation -No Use of In-Car Camera

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Best Way to Overcome CSI Effect?

• C

ommunication

• A

nticipation

• P

reparation

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Prosecutor Prosecutor Victim Police Jurors

Communication Requirements

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Resource References

• “The CSI Effect: Fake TV and its Impact on Jurors in Criminal Cases”, by Karin H. Cather, printed in NDAA’s “The Prosecutor”

March/April 2004

• “Basic Trial Techniques for Prosecutors”,

APRI Special Topic Series, May 2005. American Prosecutors Research Institute, 99 Canal Center Plaza, Ste 510, Alexandria, VA, 22314, www.ndaa-apri.org

• FBI Video Tape

:

“The CSI Effect – Fact or Fiction?”

– Created by FBI Training Network

– Available via – PSR/Creative Communications, 8004 Foster Street, Overland Park, KS 66204, (913)649-9247, FAX (913) 649-9250, e-mail: [email protected] (cost is approx. $24, incl. S & H)

• “CSI: Maricopa County... The CSI Effect and its Real-Life Impact on Justice, A Study by the Maricopa County Attorney’s Office”, June 30, 2005, Maricopa County (AZ) Attorney’s Office, Andrew P. Thomas, County