The CSI Effect

39 Pages Posted: 21 Mar 2016

See all articles by Jason Chin

Jason Chin

Sydney Law School

Larysa Workewych

Queen's University - Faculty of Law

Date Written: March 21, 2016

Abstract

The CSI Effect posits that exposure to television programs that portray forensic science (e.g., CSI: Crime Scene Investigation) can change the way jurors evaluate forensic evidence. The most commonly researched hypothesis under the CSI Effect suggests that shows like CSI depict an unrealistically high standard of forensic science and thus unreasonably inflate the expectations of jurors. Jurors are thus more likely to vote to acquit, and prosecutors face higher burden of proof. We review (1) the theory behind the CSI Effect, (2) the perception of the effect among legal actors, (3) the academic treatment of the effect, and (4) how courts have dealt with the effect. We demonstrate that while legal actors do see the CSI Effect as a serious issue, there is virtually no empirical evidence suggesting it is a real phenomenon. Moreover, many of the remedies employed by courts may do no more than introduce bias into juror decision making or even trigger the CSI Effect when it would not normally occur (i.e., the self-fulfilling prophesy). We end with suggestions for the proper treatment of the CSI Effect in courts, and directions for future scholarly work.

Keywords: CSI Effect, Evidence, Forensic evidence, Media, Juries, Psychology and law

JEL Classification: K10, K41

Suggested Citation

Chin, Jason and Workewych, Larysa, The CSI Effect (March 21, 2016). Available at SSRN: https://ssrn.com/abstract=2752445 or http://dx.doi.org/10.2139/ssrn.2752445

Jason Chin (Contact Author)

Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Larysa Workewych

Queen's University - Faculty of Law ( email )

Macdonald Hall
Kingston, Ontario K7L 3N6 K7L3N6
Canada

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