CSI, Law and Order, Detroit 1-8-7, Criminal Minds, JAG, and the list goes on and on. There seems to be no shortage of legal dramas these days. While these programs are intended for entertainment, the viewers are coming away with much more than a Thursday evening spent in front of the tube. These programs are creating a glamourized version of the truth which leads the public to hold false expectations of the criminal justice system.
I will never forget one of my first jury trials as a prosecutor that involved an actor carrying a firearm without a valid permit. I thought the case was open and shut. The actor was stopped by police for a minor traffic violation and during the stop the officers recovered a .45 from the vehicle. The actor admitted the gun was his at the time, and told the officer he did not have a permit.
When the case came up for trial, the defendant decided that the gun wasn’t his after all. Doesn’t really matter because the crime of carrying a firearm without a license is a crime of possession, not ownership. So we went through with a jury trial. I thought I couldn’t lose.
When the jury returned a verdict of not guilty, I almost fell out of my chair. I thought they acquitted him because of something I did wrong, or perhaps they just didn’t like me. It couldn’t have been the evidence. I had more than enough evidence to convict. So I waited until after the judge’s final instructions and requested to speak with the jurors. I needed to know what I did wrong.
The jurors were very candid with me. They thought this guy was guilty too. They liked the way I put the case on. They disliked the other attorney’s approach and disliked the defendant in general. So what the hell happened?
The jurors wanted to see fingerprints on the gun. No fingerprints, no conviction. They were shocked when I failed to produce such compelling evidence. The arresting officer even testified that weapons are not examined for fingerprints for this type of crime. Ever.
I asked the jury why they would think that Allegheny County, with its limited budget and overburdened crime lab, would examine a little pistol for fingerprints for a non-violent offense when the gun was sitting right next to the defendant in plain view of the police. “Because that’s how they do it on TV.”
It’s not just juries that have fallen ill with CSI Syndrome. Victims and defendants have the same high expectations, with no regard for the realities of the criminal justice system. In reality, no investigation is ever completed in an hour, forensics doesn’t get involved with every single crime, the actors are not that physically attractive (sometimes they’re even hideous), and witnesses rarely confess to crimes on the stand.
Because working within the criminal system wasn’t challenging enough, now prosecutors, judges, defense attorneys, victim advocates, and the like have to find creative ways to lower expectations. So next time you’re summoned for jury duty, prepare for it by watching Jersey Shore.
I will never forget one of my first jury trials as a prosecutor that involved an actor carrying a firearm without a valid permit. I thought the case was open and shut. The actor was stopped by police for a minor traffic violation and during the stop the officers recovered a .45 from the vehicle. The actor admitted the gun was his at the time, and told the officer he did not have a permit.
When the case came up for trial, the defendant decided that the gun wasn’t his after all. Doesn’t really matter because the crime of carrying a firearm without a license is a crime of possession, not ownership. So we went through with a jury trial. I thought I couldn’t lose.
When the jury returned a verdict of not guilty, I almost fell out of my chair. I thought they acquitted him because of something I did wrong, or perhaps they just didn’t like me. It couldn’t have been the evidence. I had more than enough evidence to convict. So I waited until after the judge’s final instructions and requested to speak with the jurors. I needed to know what I did wrong.
The jurors were very candid with me. They thought this guy was guilty too. They liked the way I put the case on. They disliked the other attorney’s approach and disliked the defendant in general. So what the hell happened?
The jurors wanted to see fingerprints on the gun. No fingerprints, no conviction. They were shocked when I failed to produce such compelling evidence. The arresting officer even testified that weapons are not examined for fingerprints for this type of crime. Ever.
I asked the jury why they would think that Allegheny County, with its limited budget and overburdened crime lab, would examine a little pistol for fingerprints for a non-violent offense when the gun was sitting right next to the defendant in plain view of the police. “Because that’s how they do it on TV.”
It’s not just juries that have fallen ill with CSI Syndrome. Victims and defendants have the same high expectations, with no regard for the realities of the criminal justice system. In reality, no investigation is ever completed in an hour, forensics doesn’t get involved with every single crime, the actors are not that physically attractive (sometimes they’re even hideous), and witnesses rarely confess to crimes on the stand.
Because working within the criminal system wasn’t challenging enough, now prosecutors, judges, defense attorneys, victim advocates, and the like have to find creative ways to lower expectations. So next time you’re summoned for jury duty, prepare for it by watching Jersey Shore.
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