The concern with the ‘CSI Effect’

For every criminal case the prosecution and the criminal defense must use the available evidence to demonstrate their case. These days some prosecutors believe that a certain crime show may be making their job more difficult, CSI. Some prosecutors think that the crime show CSI has created a new expectation among jury members. The new expectation is that tests that use high technology should be used to convict defendants. The new trend is referred to as the CSI Effect.

One coroner from Nevada whose office was the basis for CSI says the show has brought benefits and problems to the death investigation process. The benefit is that the public knows more about the death investigation process and the negative aspect is that the public believes a crime can be solved within the time of a television show or that people expect to get a DNA test back in 20 minutes. Prosecutors and legal experts worry that juries are confusing the reality of crime investigations with the fiction they see on television.

But, one judge from Michigan does not put much stock in the CSI Effect. All of the information on the subject he found was not empirical research and was based on the opinions of attorneys. The judge conducted his own investigation on the CSI Effect by conducting a study that surveyed people called for jury duty. The judge and his team interviewed over 2,000 potential jurors on their television preferences and what their expectations were regarding the criminal justice system. The judge concluded jurors expect the use of high technology, but the expectation comes from the use of technology in their everyday lives and not from the television they watch. The judge says placing responsibility on a television show is too simplistic.

Source: NPR, “Is the ‘CSI Effect’ influencing courtrooms?” Arun Rath, 2/6/11

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The Surprising Cost of a Guilty Criminal Plea in Minnesota

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.

What You Can Expect at a Pre-Trial Motions Hearing in Minnesota

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.

Refusing Arrest vs. Resisting Arrest in Minnesota: What’s the Difference?

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.